Search: Affective Justice: Book Symposium: A Response
28 Sep Symposium on the Current Crisis in Myanmar: Untangling Myanmar’s Credentials Battle and the Implications for International Justice
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...
04 Oct Symposium on Gender Representation: Gender Parity in International Courts – The Voice of an International Judge
...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...17 Mar Is Peace the Victim of the ICC’s Justice?
… I am not making an argument against I.C.C.’s existence: In places where there is no functioning government, or the government is hostage to one section of society, or where there is no viable reconciliation process, the international community has a duty to ensure that the court is the guardian of justice. But the pursuit of justice should not replace or undermine ongoing national reconciliation efforts. The foremost challenge facing the I.C.C. is to determine whether its intervention will help or hinder the cause of peace. The wheels of justice...14 Jun Justice Thomas and Justice Stevens Switch Pens (or Law Clerks)
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?...
20 Apr ICC Sanctions Symposium: From Subtle Opposition to Active Marginalisation–U.S. Sanctions Against I.C.C. Officials in Context, and Future Implications
...sanctioning its key officials had not been contemplated. However, despite these sanctions’ shocking effect for their unlawfulness (see here) or perpetuation of racism (see here), they are only part of a consistent marginalisation of international criminal justice by powerful states. What these sanctions have come to expose is the extent to which powerful states can go to marginalise international criminal justice if it threatens their interests. Contextually, all these events arise from power and control in international criminal justice especially for states with a veto vote at the United Nations...
30 Jun Statement Against US Sanctions on ICC Investigations (Updated)
...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...
24 Apr Vedanta v. Lungowe Symposium: A Non Conveniens Revival–The Supreme Court’s Approach to Jurisdiction in Vedanta
...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...