Search: Affective Justice: Book Symposium: A Response
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...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...
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...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...
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...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....
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...05 Jul Justice O’Connor and the Complexities of International Law
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...