Search: Affective Justice: Book Symposium: A Response
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...
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...
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...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....
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...04 Apr Have You Worked in a Post-Conflict Justice Setting?
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...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...