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Search: Affective Justice: Book Symposium: A Response

07 Feb

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...
07.02.25 | |

04 Apr

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...
04.04.11 | |

03 Oct

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...
03.10.05 | |

21 Jan

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...
21.01.24 | |

07 Aug

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...
07.08.24 | |

23 May

[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...
23.05.22 | and |

07 Jun

the Panel of Experts.  attempt to circumvent or corrupt the administration of justice must be properly addressed. “Offences Against the Administration of Justice” It is quite clear that these are matters that fall within the jurisdiction of the ICC under Article 70 of the Rome Statute. Any person who has attempted to obstruct the independent investigations of the Prosecutor may be guilty of “offence against the administration of justice” under these provisions. As Karim Khan himself said when announcing the request for the issuance of arrest warrants “if we do...
07.06.24 | and |

08 Dec

[Dinah PoKempner is General Counsel of Human Rights Watch. She is writing in her personal capacity. Views expressed in this essay are not necessarily those of HRW.] Increasing judicial recognition of a duty to investigate and even to prosecute serious violations of international law is unlikely to narrow the ambit of transitional justice; to the contrary, it adds pressure for more thorough transitional measures by upping the reputational cost of impunity. Not even two decades have passed since agreement of the Rome Statute of the International Criminal Court, arguably a...
08.12.15 | |

05 Jul

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...
05.07.05 | |

01 Dec

Opinio Juris and EJIL: Talk! are happy to announce that over the next few days we will both be hosting a discussion of Marko Milanovic’s recently published book: Extraterritorial Application of Human Rights Treaties: Law, Principles and Policy (Oxford Univ Press). Marko’s book examines the question when a State owes human rights obligations under a treaty to persons located outside its territory. This is a question on which there has been conflicting case law and much confusion. This [book] attempts to clear up some of this confusion, and expose its...
01.12.11 | |

30 Sep

...ideas so as to guarantee a coherent approach to the matter, thereby avoiding a fragmented discussion. One important comment received in the course of preparing this book/volume was that a book such as this one could pursue two goals: (1) an overall – single volume – assessment of the literature ‘with some extra edge’; or (2) a selection of the most relevant issues. So, in which category does this work belong? The answer would be that this book as such pursues mainly the first goal but without any claim to...
30.09.13 | |

06 Sep

Congress must as well. Harlan Cohen responded to Professor Kent’s post, suggesting that Professor Golove and Professor William Dodge (one of the book’s editors) may believe that all nations, including ours, are “absolutely bound” by certain rules of international law, those that the well-known (to the Framers and to academics) and influential Eighteenth Century international law commentator Emmerich de Vattel categorized “voluntary law.” Professor Golove didn’t express his views on Cohen’s comment in his response to Professor Kent. The only clue he provided to support his conclusion was this. “It...
06.09.11 | |