Search: Affective Justice: Book Symposium: A Response

...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...

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...

[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...

...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...

… 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...

This week, we are pleased to host a symposium on The Electronic Silk Road (Yale University Press) by Anupam Chander (UC Davis). The publisher’s description is: On the ancient Silk Road, treasure-laden caravans made their arduous way through deserts and mountain passes, establishing trade between Asia and the civilizations of Europe and the Mediterranean. Today’s electronic Silk Roads ferry information across continents, enabling individuals and corporations anywhere to provide or receive services without obtaining a visa. But the legal infrastructure for such trade is yet rudimentary and uncertain. If an...

John Yoo could be held liable for the legal advice he gave the Bush administration — an issue for which the primary, and perhaps only, precedent remains the prosecution of Nazi lawyers in the Justice and High Command cases. I hope that my book will, in some small part, help resolve such difficult legal questions. I have always received extremely helpful feedback on the law-review articles I have mentioned on the blog. I hope the same will prove true for the book. The complete proposal can be downloaded directly here....

[Samantha Besson is a Professor of Public International Law and European Law, University of Fribourg and Fellow of the Wissenschaftskolleg zu Berlin] I would like to start by thanking Dov Jacobs and the Leiden Journal of International Law for organizing this on-line symposium on my extraterritoriality piece, and, of course, for agreeing to publish the article in the first place. Many thanks also to Professor Marko Milanovic and Professor Cedric Ryngaert for their generous comments and not least for taking the time to deliver them at this busy time of...

We are grateful for the praise and the criticisms of our book from distinguished scholars like Sungjoon Cho, Rebecca Bratspies, and Tomer Broude. We are particularly pleased that all three appreciated our efforts to engage in an interdisciplinary and multi-level analysis, to do empirical justice to the complexities of the GMO dispute, and to identify the broader implications of the case for the study of international law and politics. We address three issues in particular that deserve a response: our biases in the US/EU dispute; the question of how the...

...these two inquiries. Chief Justice Burger, dissenting: I agree generally with Mr. Justice Harlan … but I am not prepared to reach the merits. I should add that I am in general agreement with much of what Mr. Justice White has expressed with respect to penal sanctions concerning communications or retention of document or information relating to the national defense. Justice Blackmun, dissenting: I join Mr. Harlan in his dissent. I also am in substantial accord with much that Mr. Justice White says, by way of admonition, in the latter...

...question to you would be - Assuming transitional justice hinges on society addressing its conflict and other related issues, how would it handle the wider cold war aspects that potentially draw the West into the fray? Manuel Ventura So let me get this straight.. if only transitional justice had been implemented, Russia would not have gone into the Ukraine today...? Or did I miss something? Ilya Nuzov Joshua, since Russia failed to institute transitional justice measures, as I explained in my post, the current political elite has no interest in...