Search: Affective Justice: Book Symposium: A Response

264) Yet, they do not overstate this point. After all, the Andean Tribunal of Justice has been effective in only one issue area, intellectual property rights. Unlike the bold, purposive and consequential decisions of the European Court of Justice, the decisions of the Andean Tribunal of Justice on intellectual property rights are more restrained, predicated on formalist reasoning and “highly repetitive, even formulaic.” (page 276) In so doing, the Andean Tribunal has avoided direct confrontation between the Tribunal and Andean governments whose political leaders have the last word on Andean...

recourse for victims of heinous crimes committed overseas, offering them a path to justice that may otherwise be inaccessible. In the wake of the current global atrocities, the TVPA exemplifies how domestic laws can effectively embody international legal standards, serving as a vital link between disparate legal systems. The TVPA’s integration into international law discourse is far from theoretical; it represents a tangible effort to ensure that survivors of international offenses are empowered with a voice and a means to seek justice. As such, the TVPA could serve as an...

Weapons (CW) as form of torture, by addressing suffocation caused by this kind of weapons as severe pain and suffering (para.2). While it is not further clarified in the Application, the reference to CW as torture and, subsequently, the fact that the Court will address the CW is significant given the extensive use of this type of prohibited weapons by the Syrian regime and the lack of justice responses to address this crime. The applicants requested the court to declare Syria’s violations of the CAT and that Syria must cease...

stressed the importance of ending impunity “as part of a comprehensive approach to seeking sustainable peace, justice, truth and national reconciliation.” This resolution affirmed the primary responsibility of States to investigate and prosecute crimes occurred in their jurisdictions, reflecting the recently adopted principle of complementarity, underlying the ICC regime. Indeed, this approach represented a shift in expectations: from a period where the implementation of international humanitarian, criminal and human rights law was led by international institutions to a time where national systems of justice are increasingly expected to provide more...

...made us consider abolition and carceralism in news ways. It made obvious the expansive networks of global carceralism, and therefore the need for global carceral abolitionism. During this time, I was finalising my manuscript for a book which considers the rights of the accused in international criminal law and procedure. In this book, I am explicit about a desire to strengthen international criminal law (ICL) through critically questioning but ultimately improving its processes. This was a view I had held since my practice as a defence lawyer at the International...

...at the conference, for publication at the end of 2023 or beginning of 2024. Please direct any and all correspondence, questions, and expressions of interest to the co-editors at drumblm@wlu.edu and c[dot]i[dot]fournet2[at]exeter[dot]ac[dot]uk. Mark Drumbl and Caroline Fournet Events The European Society of International Law Interest Group on International Criminal Justice, Interdisciplinarity & International Criminal Justice: The ESIL Interest Group on International Criminal Justice is pleased to announce on Online Roundtable on “Interdisciplinarity & International Criminal Justice” on Wednesday, 13 April 2022 from 3.30-5.30pm CEST via Zoom. The field of international...

but they are not the only targets. Waal doesn’t point the finger at the international criminal justice advocates. He doesn’t point out that codifying the justice into legal obligations makes his preferred solutions, negotiated peace, much, much harder. But he doesn’t have to. This is not to say that demanding democracy and justice is always wrong. But both conservative and liberal interventionists (and “justice” advocates) need to remember that it is not always the right goal, either, if the pursuit of democracy and justice prevents the end of mass violence....

is prioritizing the development of women’s professional leadership in international justice and accountability. Women in international law have been at the forefront of advocating for gender equality, women’s rights, and the protection of human rights globally. Despite some progress over the past few decades, globally, women are still not recognized as key actors in the administration of justice, and their equality before the law and in the courts has yet to become a reality in many countries. This is a fundamental matter of access to justice.    Women continue to face...

of liberal construction does not mean that the court can ignore a clear failure in the pleading to allege facts which set forth a claim currently cognizable in a federal district court. The International Court of Justice “is a[j]udicial arm of the United Nations.” The International Court of Justice does not have jurisdiction over criminal cases and collateral attacks on convictions.. The jurisdiction of the International Court of Justice is limited to disputes between nations. It should also be noted that the above-captioned case is barred by the Foreign Sovereign...

[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...

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...

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...