Search: Affective Justice: Book Symposium: A Response
16 Jan Armed Conflict With Al Qaida: A Response
...the United States asserted response in self-defense over the past five plus years to the attack of 9/11 and other attacks attributed to Al Qaeda? Was the war in Iraq a proportional response and why? Were the secret prisons a proportional response and why? Were the extraordinary renditions to nations known by State to torture a proportional response and why? What are the legal limits on the United States or any states' reaction to an attack by a non-state actor? Does anything go? Can we round up 100 civilians to...
01 May Can Coastal States Interrupt Foreign Passage in Their Territorial Seas in Response to Non-Compliance with Human Rights Obligations? A Response to the ASCOMARE Legal Opinion
...passage in foreign territorial seas. At the end, I present an alternative justification under which coastal States may interrupt foreign passage in the territorial sea as a response to non-compliance with human rights obligations, notably where international crimes are concerned. Brief Highlights of the Opinion The question of interest concerns whether coastal States may interrupt the passage of a foreign vessel through their territorial sea “in response to non-compliance with international human rights obligations binding upon those States, including obligations under the UN [2014] Arms Trade Treaty and other relevant...
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...
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...
25 Nov ‘Lock Them Up and Throw Away the Key!’: Another Step in the ICC’s Pathway toward Retributivism
...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...27 Aug Emerging Voices: Making Room for the Distributive in Transitional Justice
...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...
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...
15 Mar SCSL Symposium: A Legal Legacy that Opens the Way to Justice in Challenging Places and Times–Part I
[Stephen J. Rapp is a Senior Fellow at the United States Holocaust Memorial Museum’s Center for Prevention of Genocide and at the Blavatnik School of Government of Oxford University. He was formerly Ambassador-at-Large heading the Office of Global Criminal Justice in the US State Department, and between 2007-2009, was the Prosecutor of the Special Court for Sierra Leone. This essay was initially prepared at the request of FIU Law Review for its micro-symposium on The Legal Legacy of the Special Court for Sierra Leone by Charles C. Jalloh (Cambridge, 2020). An edited and footnoted version is...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...
21 Sep The Potential Emergence of African Universal Jurisdiction Legislation to Address Atrocity Crimes
...the country’s deposed exiled leader, Yahya Jammeh, has established a Specialized Tribunal focused on the investigation and prosecution of Yahya Jammeh-era atrocity crimes as recommended by the country’s truth, justice and reconciliation process. Similarly, in Liberia – where there were alleged atrocity crimes committed during the 1980-2003-era of armed conflicts in the country – the government has publicly stated its commitment to establish a war crimes court to investigate and try these crimes on the back of recommendations from the country’s truth, justice and reconciliation process. In Guinea, the DRC...