Search: Affective Justice: Book Symposium: A Response
15 Aug Emerging Voices: Sri Lanka’s Tamils Need Genocide Recognition and Innovative Justice Mechanisms
...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...
02 Dec When a Preliminary Examination Closes, a New Era Opens: The OTP’s Innovative Support for Transitional Justice in Colombia
...domestic responses to international crimes, influence debates regarding their compliance with the RSt, and protect them from political obstructionism. The interactions between the OTP and Colombian authorities gave the latter latitude to establish “Justice and Peace” Chambers in various District Courts that were empowered to grant alternative penalties, of between five and eight years of imprisonment, to former AUC members who contributed to truth and reparation. Furthermore, the frictions with the ICC lead to a unique conceptualisation of justice – enshrined in the fifth part of the 2016 Peace Agreement...17 Jul Questions About the Gacaca Courts in Rwanda
...this sentence. The defendants in No. 4 Category will not be sentenced. If no agreement can be reached on the return of stolen or destroyed goods, the Chair of the cell’s Gacaca jurisdiction will decide on the damages to be paid. The new Gacaca system is based on a participatory justice system and on its reconciliatory virtues. According to the Justice Ministry, the population that was in the hills at the time of the genocide will be “witness, judge and plaintiff.” It is worth noting that PRI’s statement about defendants...
18 May Symposium on Systemic Racism and Sexism in Legal Academia: Beyond Diversity and Inclusion – How Global Human Rights Standards Might Inform Racial Justice Initiatives in Legal Education
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...
23 Sep South-South Justice for Colombian Victims? Shedding Light on the (Limited) Potential of Universal Jurisdiction in Argentina
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....
16 Dec Justice as Message Symposium: Expressivism as Bridging Theory
I I like the argumentive rigour of analytic philosophers, and I share the ideologicalsensitivities of most critical scholarship. But they largely appear as two different projects, studying different aspects of the elephant. Enter Carsten’s book on expressive theory. Carsten’s expressivist approach engages in open-minded inquiry into normativejustifications (hence he draws on Hegel, Duff and others). But he is equally curious about biases, shortcomings, and exclusions. If justice is a message, then what is the message, whose message is it, who transmits it, and to whom? Justice-as-message offers a framework that...
14 Dec Justice as Message Symposium: What We See When We See Law … Through the Eyes of Dame Laura Knight
[ 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...
10 Jul Climate Justice in an Unequal World: A Chat with Professor Richard Falk, Ecocide’s Legal (Grand)Father
[Dr. Luigi Daniele is a Senior Lecturer at Nottingham Law School, NTU.] This interview is being cross-posted by Opinio Juris, the Nottingham Law School Climate Justice Hub , and the Queen Mary School of Law Centre for Climate Crime and Justice. I had the great honor and special pleasure of discussing ecocide and climate justice with Professor Richard Falk, Albert G. Milbank Emeritus Professor of International Law and Practice at Princeton University, Chair of Global Law and Co-director of the Centre for Climate Crime and Justice at Queen Mary University...
06 May Symposium on the UNWCC: 21st Century Value of the 1943-1948 UN War Crimes Commission
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...