Search: Affective Justice: Book Symposium: A Response
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...
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...
22 Dec Of Justice and Justice: Prosecution of Francoism Crimes in Spain
...are before a legal text full of juridical inaccuracies. It is sufficient to refer to Article 1 […]. Simply, I understand that it lacks of the most elemental requirements of criminal categorisation, and this is something that we as legislators cannot ever ignore. In this sense, allow me members of the Parliament to say that we are transferring to the tribunals of justice a competence that is of the Parliament, or of the Government, but in any case of the tribunals of justice, which is to create law”. This declaration...13 Apr Events and Announcements: April 13, 2014
...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...
12 Apr Symposium on Dominic Ongwen Case: Navigating the Complexities of Reparations for Victims of Northern Uganda
[Margaret Ajok is currently the Transitional Justice Advisor at the Governance and Security Programme Secretariat (formerly JLOS), at the Ministry of Justice and Constitutional Affairs, Uganda. She is a lawyer and advocate of the Courts of Judicature of Uganda and is also a task force member for the African Union Women for Transitional Justice Network representing Africa.] Introduction The over two decades war in Northern Uganda between the Lord’s Resistance Army (LRA) and the Government of Uganda led to horrendous and deplorable acts of violence. The affected communities suffered enslavement,...
26 Nov The Time is Urgent While the Discrimination Continues: CEDAW As the Last Avenue of Justice for the Malaya Lolas?
...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...
14 May Transformative Diversity: Redefining Justice Through Emotional Resonance—Because Diversity Still Matters
...Western societies often hinges on appeals to ethical standards, such as fairness, justice, and individual rights. Within the fabric of Western cultures, Pathos stirs emotions that deeply tie into personal responsibility, individualism, and autonomy. Some key emotions include: Independence: Arguments that highlight personal liberty, choice, and self-determination are particularly persuasive because they tap into the deep-seated value of independence. Justice and Fairness: Appeals to justice, fairness, and equality often invoke strong emotional responses in Western cultures. Individuals are highly motivated by the desire to see fair treatment, equal opportunity, and...
17 Aug Supreme Court of Justice of Mexico: The Urgent Actions of the Committee on Enforced Disappearances Are Legally Binding
[Gabriella Citroni, Researcher in International Law and Adjunct Professor of International Human Rights Law at the University of Milano-Bicocca [gabriella.citroni@unimib.it]; she is also a member of the United Nations Working Group on Enforced or Involuntary Disappearances. The opinions expressed in this post are strictly personal and do not in any way reflect the position of the United Nations Working Group on Enforced or Involuntary Disappearances or any of the institutions/organisations to which the author is affiliated.] On 16 June 2021, the Supreme Court of Justice of Mexico issued a judgment...15 Dec The IMT Without Justice Jackson? (Corrected)
Law School, a 22 April 1945 memo written by John J. McCloy, then the Assistant Secretary of War and later the U.S. High Commissioner for Germany, containing an early list of seven other candidates for Chief Prosecutor. Here is the list: 1. Sidney Alderman, Counsel for Southern Railway and later one of Justice Jackson’s deputies 2. Herman Flaeger (Phleger), founding partner of Brobeck, Phleger, and Harrison in SF 3. John Harlan, then a Colonel in the Air Force, later a Supreme Court Justice 4. Justice Jackson 5. Theodore Kiendl, the...25 Mar Medellin and the Perversion of Legal Realism
...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,...