Search: Affective Justice: Book Symposium: A Response

...examinations would have advanced greater political recognition of genocide against the Tamil people or, at the very least, critical engagement on the question of genocide. Instead, international stakeholders have avoided these discussions, neglecting the views of Tamils and exacerbating their hopelessness and frustrations by supporting the GoSL’s failing transitional justice process under UN Human Rights Council Resolution 30/1 (2015). Creative Responses to Impunity: The Independent Investigative Mechanism On the heels of OISL’s report, the GoSL cosponsored Resolution 30/1, agreeing to fulfill 25 key commitments, including creating a judicial mechanism involving...

...criminal justice, the AU emphasizes fairness, impartiality, and respect for member states sovereignty. Legal Reforms and Harmonization: The AU has worked on strengthening its own legal frameworks related to international criminal justice. This includes adopting the Malabo Protocol in 2014, which establishes criminal jurisdiction within the African Court of Justice and Human Rights. This promotes regional ownership and complementarity in addressing accountability for international crimes. Capacity Building and Assistance: The AU prioritizes capacity building initiatives and technical assistance to support its member states in engaging effectively with international criminal justice...

[Alonso Gurmendi Dunkelberg is a Departmental Lecturer in International Relations at the University of Oxford, in association with Somerville College, as well as Visiting Professor at the University of Michigan, Ann Arbor.] Doing Justice to History is an amazing book and a fascinating read, particularly for those of us who, like me, enjoy studying the connections between international law and history. Barrie Sander has done an excellent job in pondering the question of whether courts are the right place for history to take shape, especially in the context of contentious...

[Ruti Teitel is the Ernst C Stiefel Professor of Comparative Law, New York Law School and the author of Globalizing Transitional Justice (OUP paper2015).] I am very pleased to participate in this Opinio Juris roundtable on my just-published article Transitional Justice and Judicial Activism: A Right to Accountability? (.pdf), and particularly to engage with Dinah PoKempner, Professors Cesare Romano, Chandra Sriram and others who have offered such thoughtful and probing observations on my article. The article grows out of a multi-year ongoing project that examines on the jurisprudence pertaining to...

[ Diane Marie Amann is the Emily & Ernest Woodruff Chair in International Law and Faculty Co-Director of the Dean Rusk International Law Center at the University of Georgia School of Law.] The eye cannot help but be drawn to the cover of Justice as Message, the new analysis by Carsten Stahn of, to quote the subtitle, Expressivist Foundations of International Criminal Justice. On the high-gloss paper jacket we see a tableau of blacks and browns and olive drab, accented only by the purple of a lawyer’s robe and the...

also negatively affect reconciliation efforts, as it may leave survivors and their communities to consider that these harms remained insufficiently addressed, potentially inhibiting peace processes and/ or preventing full participation in peace processes leading to festering frictions between groups. Moreover, bypassing survivors and administering justice removed from the survivor’s realities may finally also jeopardise the Court’s own legitimacy in leaving its wider audience to ask who justice is administered for, and whether the Court renders justice in a manner contributing to reconciliation. International jurisprudence, recent and dated alike, affords the...

It explains the importance of “comprehensive ‘whole-of-government’ and ‘whole-of-society’ reforms and responses to dismantle systemic racism, elaborated in comprehensive and adequately resourced national and regional action plans.” (A/HRC/47/53, Annex.) Thus, law schools can use a systemic approach, informed by human rights standards, to combat this scourge. Conclusion “Systemic racism needs a systemic response” proclaims the High Commissioner’s report. (A/HRC/47/53 ¶ 19.) International human rights standards offer actionable guidance for confronting racial injustice within law schools — beyond diversity and inclusion initiatives. As detailed above, these standards may inform efforts to...

...with the ultimatum coming from the Economic Community for West African States (ECOWAS) to either step down or the Community will deploy troops to install Adama Barrow, Jammeh decided to cede power to the winner. And Gambians finally stepped on the road to justice and truth. Both Ukrainians and Gambians illustrated that resistance can bring changes. Although this piece does not intend to analyze the effectiveness of transitional justice mechanisms in both states, Belarusians can draw some positive examples from these experiences and finally reconcile with their past to build...

successful in maintaining the demands for justice for ‘false positives’ crimes as a relevant legal and political issue in Colombia. All in all, this and other UJ cases in Argentina are slowly opening new avenues for justice, albeit filled with challenges and uncertainties. For these reasons, we remain cautiously optimistic about its potential to become an example of South-South justice and will continue to focus on these cases to critically observe how human rights organizations, lawyers, victims and institutions continue to develop this legal practice against impunity of international crimes....

the United States.  All somewhat at odds with conventional assumptions of power structures in ICL in this period. A point reinforced by the 1944 Oscar-nominated movie None Shall Escape which envisaged Asian and African justices adjudicating on Nazi crimes in Poland. The war against Ukraine has produced calls for assistance from the government of Ukraine and debates on the best international legal response. The Ukraine government calls out individual actions conducted by soldiers and pilots as war crimes, as well as the actions of Russian President Vladimir Putin. States and...

another thought-provoking discussion of my work here on the impressively revamped Opinio Juris website. Although each blogpost makes many points that deserve thoughtful response, space and time permit only this brief overarching answer. Overall, I am reassured that the commentary basically reaffirms several of the book’s key themes, as summarized in my initial symposium entry: (1) the anatomy of a struggle and the strategy of counter-resistance, (2) the critiques to my discussion of “America’s Wars” (Chapter 5); (3) some responses to particular critiques and (4) what’s really at stake. The...

Oliver Windridge Congratulations to the Karen Alter, Laurence Helfer and Jacqueline McAllister. This article serves as a clear and concise introduction to the ECOWAS Community Court of Justice (ECCJ). I was especially interested to read of the ECCJ’s evolution to encompass human rights cases (surely a positive sign in itself of Africa’s shift towards prioritising human rights protection?) and the Court’s subsequent courageous judgments often in the face of the government opposition One small point, on the introduction posting to the AJIL Symposium (posted February 3rd 2014) the box containing...