Search: Affective Justice: Book Symposium: A Response
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...
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...
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...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....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...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...
23 May New Trends in International Justice
[Richard Dicker, formerly director of the Human Rights Watch International Justice Program, is now a senior adviser with the organization and teaches at Columbia and UCLA law schools. Alina Pucko, a German lawyer, is a candidate for a Masters of Law degree at Columbia Law School.] With Russia’s invasion of Ukraine and revelations of apparent war crimes and possible crimes against humanity, attention has turned in an unprecedented way to criminal accountability as a necessary response to the brutal international crimes occurring there. The visible expression of this accountability surge...