Search: Affective Justice: Book Symposium: A Response
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...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....
17 Jul State Responsibility for Acts of Torture: Netherlands/Canada v Syria at the International Court of Justice
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...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...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...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...
07 Feb Symposium by GQUAL on CEDAW’s GR40: An Opportunity for Asia-Pacific – Build on the Momentum of GR 40
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...
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...