Search: Affective Justice: Book Symposium: A Response
29 Jul Push a Square Peg into a Round Hole, or Build Another Hole?
First, sincere thanks to the OpinioJuris team for inviting me to share my thoughts on Ben Wittes exceptional book; and thanks to Ben for such a well researched, well written, and provocative work. My initial reaction to the book was that Ben has hit the proverbial nail on the head in terms of defining the policy challenge surrounding how the United States should or must frame the response to the threat of transnational terrorism. More specifically, Ben clearly exposes how efforts to squeeze the response to this threat into existing...
25 Aug Symposium on Myanmar and International Indifference: Rethinking Accountability – Champions of Justice: Rohingya Women are Leading the Fight for Accountability for International Crimes
[Antonia Mulvey is the Executive Director of Legal Action Worldwide (LAW).] As the world marks the 5th Rohingya Genocide Remembrance Day on the 25th of August, it is Rohingya women who are playing a leading role in the fight for international justice. They are ‘Champions of Justice’ – a remarkable group of women who are tearing up the gender norms of Rohingya patriarchal society. Most of them are survivors of brutal violence perpetrated during the 2016 and 2017 “clearance operations”. They are joined by a growing list of countries voicing...04 Apr Have You Worked in a Post-Conflict Justice Setting?
Have you worked on post-conflict justice issues? Have you been part of a rule of law project in a conflict zone? If so, you may be of help to our colleague Professor Elena Baylis (Univ. of Pittsburgh), who is working on a really terrific empirical project on post-conflict justice. Here is the information from Elena which includes eligibility to win a $100 to spend at Amazon.com: If you have ever worked in the field of post-conflict justice, including work on post-conflict rule of law and/or work on post-conflict accountability for...
07 Aug Fifteen Years After Sri Lanka’s Civil War Ended, a Different Approach to Transitional Justice is Needed
with.] This year marks 15 years since Sri Lanka’s brutal decades-long civil war ended. There are credible allegations all sides to the conflict committed serious human rights and international humanitarian law (IHL) violations, including incidents of sexual violence, torture, extrajudicial killings and enforced disappearances. The victims/survivors of these violations still await justice. Sri Lanka attempted to grapple with the past through transitional justice (TJ) processes, but these have largely failed. In the absence of meaningful accountability efforts in Sri Lanka, the international community has stepped in to a limited extent...
31 Jan As Rome Mutinies, Justice for Libya Fades
...of Justice and Interior are responsible for the crimes of aiding and abetting Elmasry to evade justice (Art. 378 Criminal Code, CC) and of embezzlement of public funds for the use of the Italian intelligence’s plane to repatriate him to Libya (Art. 314 CC). Prime Minister Giorgia Meloni announced in a video that she has been served with a notice of investigation. Under Italian law, a notice of investigation constitutes a procedural prerequisite not implying any finding of criminal wrongdoing on the part of the recipient but aiming to guarantee his or her...16 Jun The Al-Senussi Defence’s Unfortunate Adoption of the Due Process Thesis
for and the enforcement of international justice”. The term “international justice” surely cannot mean justice only where the accused is shielded from guilt. Unfortunately, it means precisely that — as I show in my article criticizing the DPT. In fact, “bring the person to justice” does not “echo” the reference to “international justice” at all — save for the fact that the word “justice” is in both expressions. “Bring to justice” actually has a very specific meaning in the context of Art. 17(2)(c): namely, to convict. I don’t blame Al-Senussi’s...05 Jul Justice O’Connor and the Complexities of International Law
Justice O’Connor’s views on international law and foreign law are moderate, well-reasoned, and consistent. Julian points out two quotes and implies that, somehow, they don’t fit together in a “[]satisfying” world view. I disagree. On topics of international law, Justice O’Connor has consistently held that U.S. judges should, in certain instances, give persuasive authority to international tribunals. It is also her view that they do not have to do so as no international or foreign tribunal has been given judicial authority by the Constitution. It is not necessarily a view...21 Jan Events and Announcements: 21 January 2024
To have your event or announcement featured in next week’s post, please send a link and a brief description to ojeventsandannouncements@gmail.com. Calls for Papers Nottingham International Criminal Justice Conference : The University of Nottingham School of Law, in partnership with the International Criminal Justice Unit of the University of Nottingham Human Rights Law Centre, is organising a conference on 8–9 July 2024 that will bring together people working across the diverse field of international criminal justice. At this interdisciplinary conference, we are aiming to foster connections between academics, practitioners and...19 Jun Judicial Review and Administrative Detention
Prize Cases and Presidential Order establishing the Military Commissions are similar examples. What is disheartening in all four is that while the executive engaged in excess neither the Congress nor Supreme Court engaged or challenged the President. Checks and balances fell by the wayside; Justice Jackson’s famous warning of an ‘unfettered executive’ went unheeded. As the three branches of government move into the post Bush era they would do well to recall not only Justice Jackson’s words but also those of the former President (Chief Justice) of the Israeli Supreme...03 Oct Now on Video: “Two Justices, Two Lords and a Lady”
Foscote should respond. The low point was Dean Kagan’s self-congratulatory introduction of the panelists (2nd minute, Real Player) in which she noted that with the appointment of Chief Justice Roberts a majority of the justices are now Harvard Law School alums, so Harvard can “win every case.” Oh please. I suppose she inadvertently failed to mention that by her count white male Republicans win every case too. There were numerous highlights. The first was Justices Scalia’s and Breyer’s discussion of the judicial role. Scalia suggested (25th minute) that Chief Justice...