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...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...
07 Aug Fifteen Years After Sri Lanka’s Civil War Ended, a Different Approach to Transitional Justice is Needed
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 Jun Complementarity in the Palestine Situation at the ICC: Could Article 70 Conduct Render Israel “Unwilling” to Investigate Genuinely?
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...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...08 Dec Transitional Justice and Judicial Activism Symposium: Comments by Dinah PoKempner
[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...