Search: Affective Justice: Book Symposium: A Response

...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...

[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...

integrity standards, how awareness of integrity can be raised, and what contributes to reinforcing an integrity mindset in staff and a culture of integrity in the agency in question” (page 40). Another recent publication, edited by Morten Bergsmo, Mark Klamberg, Kjersti Lohne and Christopher B. Mahony, Power in International Criminal Justice, further contributes to concretising what could be termed as an ‘integrity turn’ in international justice. In his introductory chapter, Bergsmo describes how a sociology of international criminal justice, unmasking power structures and informal social networks which may weaken institutional...

into account the needs articulated by the community? In this post, I will first examine the legal frames and challenges governing the restitution of human remains. I will pay particular attention to the case of the Wamba community, which calls into question conventional inter-state methodologies. I will then explore the potential of relational justice to mitigate dilemmas. 2. Moving Beyond the Interstate Approach: Towards Cultural Relational Justice The legal frameworks governing the restitution of human remains are sometimes complex and ambiguous. Among these texts, the 1970 Convention on the Prohibition...

[ 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...

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...

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....

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...

[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...

...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...

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...