Search: Affective Justice: Book Symposium: A Response
17 Jun Unraveling Universal Civil Jurisdiction: A Novel Ground for Global Justice?
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...07 Oct Suing the International Court of Justice
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...
09 May A Special Justice Mechanism for the Crime of Aggression Against Ukraine – For Who, By Who, Against Who?
[Alexandre Skander Galand is a Post-Doctoral Researcher at the Centre for Fundamental Rights at the Hertie School, Berlin.] On 3 April 2022, President Zelenski announced that he ‘approved a decision to create a special justice mechanism in Ukraine for the investigation and judicial examination of every crime of the occupiers. The essence of it is the joint work of national and international experts: investigators, prosecutors and judges.’ It is still unclear whether this ‘special justice mechanism’ will be in the form of, as proposed by Heller and Owiso, a hybrid...10 Mar The Problem with “Justice and Democracy”
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....
22 Dec As Violence in Nigeria’s Middle Belt Region Continues, Justice is Urgently Needed
action in Nigeria to achieve justice for the affected communities and address the complex root causes of violence Although violence in the Middle Belt region usually garners little attention internationally, there have been some recent developments on this issue. Just last month the President of the United States, Donald Trump, threatened to intervene in Nigeria militarily if the Nigerian government fails to prevent the killing of Christians. Moreover, the United States has designated Nigeria as a Country of Particular Concern for its alleged violations of religious freedom. In response, Nigerian...25 Jul Wherein I Break Godwin’s Law in Relation to the New Al-Bahlul Amicus Brief
...they are committed — applies to his acts and thus justifies punishing him (“justice can be helped to triumph by the proper application of this penal law”). That does not make the authors of the amicus brief Nazis. But it does mean that the amicus brief is relying on the same kind of analogical reasoning that was at the heart of the Nazis’ perversion of the German criminal-justice system — the same kind of analogical reasoning that was specifically condemned as itself criminal by American judges in the Justice case....16 Mar Symposium: Wrestling with the Long Shadow of European Transplants of International Courts in the Third World
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...
11 Sep Contemporary International Criminal Law After Critique Symposium: Transformative Justice – Abolition and International Criminal Law
...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...
20 Jul A Special Issue in the Journal of International Criminal Justice on Sexual Violence in Conflict and Domestic Accountability: Why Now and Why You (and Governments) Should Read It
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...25 Jun International Securities Fraud Makes Supreme Court Debut
[Margaret V. Sachs is the Robert Cotten Alston Professor of Law at the University of Georgia School of Law and an expert on securities law] The Supreme Court yesterday issued its decision in Morrison v. National Australia Bank, its first ever on the international reach of Section 10(b) and Rule 10b-5. Justice Scalia wrote for the Court, with additional opinions by Justice Breyer (concurring in part and concurring in the judgment) and Justice Stevens, joined by Justice Ginsberg (concurring in the judgment). Justice Sotomayor did not participate. The federal securities...