Search: Affective Justice: Book Symposium: A Response
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,...
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...
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...
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...10 Dec Transitional Justice and Judicial Activism Symposium: Comments by Chandra Lekha Sriram
[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...12 Jun A Second Take on Boumediene: Habeas Corpus and Military Commissions
...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...
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 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...
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,...