Search: Affective Justice: Book Symposium: A Response
11 Oct Delays, Interference, and Espionage: The ICC’s Struggle with Arrest Warrants in the Situation in the State of Palestine
deliver justice impartially. Every day of delay undermines this responsibility and casts doubt on the Court’s capacity to act without fear or favour. This moment presents the ICC with a unique opportunity to demonstrate that it can stand firm in the face of political pressure and deliver justice to victims without discrimination. But to do so, it must reaffirm its commitment to impartiality, transparency, and the rule of law. The Chamber’s response to these external forces will not only shape the outcome of this investigation but could ultimately define the...
08 Jun The Kosovo Specialist Chambers: In Need of Local Legitimacy
[Andrea Trigoso is a qualified lawyer with an LLM and experience in International Criminal Justice. She is currently pursuing a MAS in Transitional Justice.] The notification of the Prosecutor of intent to initiate proceedings in February this year renewed hopes of the international community in the Kosovo Specialist Chambers (KSC), mainly because after almost five years of the commencement of its work, very little progress has been achieved in the investigations and prosecution of the cases. However, the Kosovar population does not necessarily share the enthusiasm with the international community,...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 Oct The Special Tribunal for Lebanon: After the Judgment in Ayyash et al., Justice at Last?
...the human rights and the criminal justice perspective. This post introduces some of the main concerns about the Tribunal and its approaches and argues that, due to the considerations raised, STL’s contribution to criminal justice and to the reconciliation of the society is limited – in particular considering the efforts spent. An innovative or premature approach to international criminal law by the STL? Two years after the attack on Hariri, the United Nations Security Council (UNSC), requested by the Lebanese Government, adopted Resolution 1757 establishing the STL with the purpose...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...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...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...
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...
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...