Search: Affective Justice: Book Symposium: A Response

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?...

[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...

...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...

...crime of sexual enslavement during WWII, the Communication argues that the Philippines’ response, or lack thereof, has been contrary to its obligations under the CEDAW Convention since 2003 – the year in which the Philippines ratified the CEDAW Optional Protocol. But before pointing to specific violations. under the Convention, it is necessary to locate the Philippines’ response to the Malaya Lolas’ demands within a historical context of gender-based discrimination, exemplified in the de-prioritization of the female wartime slavery survivors’ claims. This first became apparent during the negotiations and drafting of...

[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...

...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...

...a month away. The organizers encourage you to apply as soon as possible. You can access more information here International scholars and practitioners of transitional justice are invited to apply for a 1-week workshop and training program on transitional justice organized and led by the Hague Institute for Global Justice from 23-27 June 2014 in The Hague. This week-long training is part of the Transitional Justice in Africa Fellowship Program, a joint initiative by the Hague Institute and the Institute for Justice and Reconciliation (IJR) in South Africa, that brings...

[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...

...counsel asserted that MBUSA “acts independently” of Daimler. Justice Sotomayor responded: “It seems an odd thing to say given the page and a half that the lower court went through on the various ways in which Germany controls this subsidiary. It appoints all its officers. It approves all its operating procedures. It approves all of the people it hires and fires. It seems like there isn’t much left for what….” As further proof that it was not the plaintiffs’ day, Justice Sotomayor was then interrupted by Chief Justice Roberts. While...

deliver justice impartially. Every day of delay undermines this responsibility and casts doubt on the Court’s capacity to act without fear or favour. This moment presents the ICC with a unique opportunity to demonstrate that it can stand firm in the face of political pressure and deliver justice to victims without discrimination. But to do so, it must reaffirm its commitment to impartiality, transparency, and the rule of law. The Chamber’s response to these external forces will not only shape the outcome of this investigation but could ultimately define the...

[Andrea Trigoso is a qualified lawyer with an LLM and experience in International Criminal Justice. She is currently pursuing a MAS in Transitional Justice.] The notification of the Prosecutor of intent to initiate proceedings in February this year renewed hopes of the international community in the Kosovo Specialist Chambers (KSC), mainly because after almost five years of the commencement of its work, very little progress has been achieved in the investigations and prosecution of the cases. However, the Kosovar population does not necessarily share the enthusiasm with the international community,...

...Medellin. In this regard, it is helpful to recall Justice Iredell’s opinion in Ware v. Hylton, 3 U.S. 199 (1796). In Ware, Justice Iredell distinguished between executed and executory treaty provisions. Treaty provisions are “executed” if “from the nature of them, they require no further act to be done.” Id. at 272. In contrast, executory treaty provisions require some further action by the U.S. government. Justice Iredell divided executory treaty provisions into three groups: legislative, executive, and judicial. See id. at 272-73. Whether an executory treaty provision requires legislative, executive,...