Search: Affective Justice: Book Symposium: A Response

[Chandra Lekha Sriram, Professor of International Law and International Relations and Director, Centre on Human Rights in Conflict, University of East London.] This insightful article covers a great deal of subject matter, far more than can be analysed in a brief comment. These include not only the topics signaled by the title, but also the relationship between transitional justice and international criminal accountability and between transitional justice and the jurisprudence of regional courts. The primary focus of the article is the jurisprudence of regional courts, specifically the European Court of...

is credentialed to represent Myanmar at the UN General Assembly, the representative of the National Unity Government or the junta—so urgent.  Specifically, the cracks in the Tatmadaw’s impunity were certain actions taken by Myanmar’s National Unity Government and the international community seeking accountability for the Tatmadaw’s international crimes, both before and as part of the coup. Namely, the resolution, or lack thereof, of the credentials questions could bear on the ongoing processes at the International Criminal Court and the International Court of Justice. More generally, the implications for justice and...

[Raquel Saavedra is an International Legal Adviser, Myanmar, for the International Commission of Jurists. Kingsley Abbott is the Director of Global Accountability and International Justice, International Commission of Jurists.] In recent conversations with diplomats covering Myanmar, we continue to be asked: is it still worthwhile for states to support the work of Myanmar lawyers when the justice system is in a state of collapse?  The answer is yes.  Not only is it worthwhile to continue to support independent lawyers during a time of crisis, it is also critical for there...

[Matt Cannock is the Head of Amnesty International’s Centre for International Justice. Dr. Rosemary Grey is a Lecturer at Sydney Law School and a Sydney Southeast Asia Centre DECRA Fellow. Akila Radhakrishnan is the President of the Global Justice Center, where she directs GJC’s work to establish legal precedents protecting human rights and ensuring gender equality. Alix Vuillem is the Senior Advocacy Adviser / Program Manager at Women’s Initiatives for Gender Justice.] This amicus curiae brief was submitted by Dr. Rosemary Grey, Global Justice Center (GJC), Amnesty International (AI), and...

...Development Goals, but it is also integral to all dimensions of inclusive and sustainable development. Therefore, Sustainable Development Goal 16 that looks to ‘‘peace, justice and strong institutions’’ requires the effective, accountable, and inclusive participation of women in all spheres of government, especially the Judiciary. As gender parity moves towards the pinnacle of the global agenda, the justice system struggles to leave behind its traditional, mostly male composition, in judicial benches across the globe. This sentiment was echoed by the Human Rights Council Advisory Committee in its report titled “Current...

...Adjunct Professor of Law, Columbia Law School David Kader, Emeritus Professor of Law, Arizona State University, Tempe, Arizona Daniel Kanstroom, Professor of Law, Thomas F. Carney Distinguished Scholar, Faculty Director, Rappaport Center for Law and Public Policy, Co-director, Center for Human Rights and International Justice, Boston College Law School Zachary D. Kaufman, Associate Professor of Law and Political Science, University of Houston Law Center David Kaye, Clinical Professor of Law, and Director, International Justice Clinic, University of California, Irvine School of Law Patrick Keenan, Professor of Law, University of Illinois...

...a clear signal to would-be perpetrators that justice ultimately prevails”. But can we really say that “justice prevails” when a person is sentenced to long-term imprisonment? Although there is no doubt that mass atrocities must be condemned and prevented, the idea that harsh punishment best serves the purpose of addressing these crimes is more controversial. As several academics have noted, in the last few decades criminal punishment has gradually become the decisive instrument for responding to practices of oppression and violence, as well as for promoting justice and peace. The...

...Distributive justice approaches are both forward and backward-looking seeking to improve political and socio-economic conditions overall, but without presuming equality or ignoring historical grievances. The reason for pursuing distributive justice approaches is simple – by addressing real (and perceived) distributive inequities, we can help to prevent future conflicts. Accordingly, distributive justice efforts cannot afford to be treated as mere afterthoughts (if conceived of at all), where the aim of transitional institutions is to address the underlying causes that led to massive human rights violations. In short, scholars and practitioners need...

survived to tell her story, but her unborn child died. When I had asked her why she had waited all day to talk to me – she said, “I want justice.”   Three years later, multiple and intertwining journeys for justice have begun. Many of them have been based upon facts laid out in two reports from the UN Independent International Fact-Finding Mission on Myanmar which recommended that named senior generals of the Myanmar military should be investigated and prosecuted internationally for genocide, crimes against humanity and war crimes.  As...

...with which you disagree? Justice Kennedy Should Be Impeached You can't say, though, that they don't have a right to habeas corpus because the scheme is accurate and/or fair. That's a non-sequitur. Apparently, someone didn't read Chief Justice Roberts' opinion, which notes: The Court’s second criterion for an adequate substitute is the “power to order the conditional release of an individual unlawfully detained.” Ante, at 50. As the Court basically admits, the DTA can be read to permit the D. C. Circuit to order release in light of our traditional...

Branch. In an odd reversal of roles, the dissenters, in an opinion by Justice Stevens, the author of Hamdan v. Rumsfeld, relied on the views of the Executive Branch as to the scope of the immunities here, to reach his conclusion. On the other hand, Justice Thomas, who complained (rightly in my view) about the lack of deference to the Executive in Hamdan, does not even acknowledge that the Court is adopting an interpretation at odds with the Executive Branch here. Did the justices trade law clerks, just for fun?...

...the self-same test (at [88]). The Supreme Court went on to say: “The question whether there is a real risk that substantial justice will be unobtainable is generally treated as separate and distinct from the balancing of the connecting factors which lies at the heart of the issue as to proper place, but that is more because it calls for a separate and careful analysis of distinctly different evidence than because it is an inherently different question. If there is a real risk of the denial of substantial justice in...