Search: Affective Justice: Book Symposium: A Response

...Clarke’s book almost a decade later made me better understand this physical reaction and memory. Justice and injustice are not just products of legal and political reasoning and enforcement. They are felt. Clarke argues that such feelings are produced: by education, by experience, by history and social structures, and by rhetoric. Alliances form around different understandings of, and different feelings about, justice and injustice. As the title reflects, she primarily focuses on two different groups: international criminal justice advocates and Pan-African justice supporters. Roughly summarised, she argues that the former...

Aesthetics and International Justice: The New Geometries of International Justice by Marina Aksenova Justice in Motion – Aesthetics, Complexity, and the Plural Grammar of Legitimacy by Elizabeth S. Maloba Primed for Unity and Complexity – International Justice Through Aesthetic Lens by SONG Tianying Themis’ Blindfold Removed by Katerina Borrelli Honouring the Samians? Aesthetic Strategies of International Legitimacy in Three Athenian Decrees (IG II2 1) by Emiliano J. Buis For the Love of Art (and Justice) by Sofia Stolk The Power of Perception – Aesthetic Theory and International Justice by Jed...

...the Court may have on the conceptualisation of justice for atrocity crimes. Oumar Ba’s book is an important plug in understanding how state behaviour affects how international criminal justice is applied and received. States of Justice: the Politics of the International Criminal Court aims to explore three issues: how states respond to norms of international criminal law; to what extent presumed weaker states have instrumentalised the ICC in addressing their political and military interests; and what lessons are apparent from the mechanisms of international criminal justice in regard to the...

the analysis of material artifacts within the legal arena (from courtroom architecture to judges’ gowns and wigs) or the rhetorical construction of judgments and legal texts— (e.g. Aalberts and Stolk; Watt; Gearey) this book embraces the ambitious task of offering a new aesthetics-rooted methodology through which international justice can be reimagined to confront emerging challenges and give rise to a redefined, future-oriented Justice 2.0. The originality of the book lies precisely in its effort to develop a methodology for the analysis of justice through aesthetic experience, where aesthetics is not...

goes beyond caring for and protecting children accused of committing offences; rather, the organization promotes fair access to justice for all children whose rights have been violated and who have suffered discrimination. UNICEF defines access to justice and remedies for children as their overall ability to enjoy this right when their rights are violated, ignored, or denied (see here, here). Normative Foundations and International Framework on Children’s Right to Access to Justice and Remedies The right of children to access to justice is rooted in a complex system of international...

in the legitimacy of the norms of individual criminal accountability for human rights violations’. In cascade logics, more prosecution is evidence of more justice. We must believe that prosecution is interchangeable with justice. For this to work, we must understand that the ICC embodies justice. By extension, those who cooperate are on the side of justice and those who don’t are ‘damaging to the wider effort to establish the ICC as an effective institution and to entrench the anti-impunity norm’ (Mills & Bloomfield, 2018, p.102). The mechanism through which justice...

Alberto Fujimori in the Barrios Altos and La Cantuta cases, and the Peruvian Supreme Court overturned the pardon. The relentlessly pro-immunity platform in Affective Justice searches for a legal basis to absolve heads of state for committing mass crimes when no such basis exists. Then there is the wholesale erasure of pro-ICC African voices. Clarke and her team conducted an impressive number of interviews (200) with “thought leaders” in and around the African Union (p. xviii). The overwhelming majority of opinions reported in Affective Justice are hostile to the ICC...

[Curtis Bradley is the William Van Alstyne Professor of Law at Duke Law School.] I want to give my sincere thanks to the eight contributors who commented on my book this week as part of the Opinio Juris online symposium: David Moore, Jean Galbraith, Julian Ku, Kristina Daugirdas, Bill Dodge, Mark Weisburd, Mike Ramsey, and Ingrid Wuerth. Each of these contributors offered valuable feedback on aspects of the book, and I am extremely grateful for their insightful observations. The book covers a wide range of topics concerning the role of...

case in these periods following political repression. What we see in this ”global” phase of transitional justice is precisely the danger of disconnecting justice from context and politics. The recurring debate about politics and legality in transitional justice may well be in the spirit in which I wrote the book that is the subject of this symposium. It is also the spirit in which many generations of scholars are working all over the world on these critical questions from whom I will be honored to hear in the coming week....

Hans Kelsen pointed out that “the most illustrious thinkers have failed” to answer the question of what absolute justice for which “[hu]mankind is longing” is (p. 24).  He then concluded: “I must acquiesce in a relative justice and I can only say what justice is to me… justice, to me, is that social order under whose protection the search for truth can prosper. ‘My’ justice, then, is the justice of freedom, the justice of peace, the justice of democracy-the justice of tolerance.” Therefore, before and above the question of the...

a useful staring point in thinking about international justice. Aksenova does not argue, however, that perception is neutral. Our perception is influenced and mediated by contexts, power, language and culture. The book presents perception as an attitude that invites openness and reflection. Aksenova argues that the problem with international justice is not its “pluralistic discourses but rather the lack of self-reflection.”   Aksenova presents the concept of International justice 2.0, a reimagined form of international justice that could respond to the perceived failures in existing systems, which are fragmented, rigidly positivist...

President wants the Chief Justice replaced. One of the counsels of the Faculty is closely related to the President while another is an appointee ? No wonder there is call for resignation of all justices because that would please the incumbent President, and consequently counsels engaged in behavior that elicited a show cause order for contempt. If counsels invoke freedom to criticize, so do I. The attacks calling for the resignation of ALL justices and for the impeachment of these justices is destroying a vital institution of the country. Let...