Search: Affective Justice: Book Symposium: A Response

… 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...

...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...

...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...

[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,...

...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...

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?...

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...

[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...

...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...

...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...

...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...

...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...