Search: Affective Justice: Book Symposium: A Response
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...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....16 Jun The Al-Senussi Defence’s Unfortunate Adoption of the Due Process Thesis
for and the enforcement of international justice”. The term “international justice” surely cannot mean justice only where the accused is shielded from guilt. Unfortunately, it means precisely that — as I show in my article criticizing the DPT. In fact, “bring the person to justice” does not “echo” the reference to “international justice” at all — save for the fact that the word “justice” is in both expressions. “Bring to justice” actually has a very specific meaning in the context of Art. 17(2)(c): namely, to convict. I don’t blame Al-Senussi’s...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...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...
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...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...
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...
10 Mar Do Not Over-simplify Our Story: Venezuelans on the Human Rights Crisis (Part II)
...monitoring, and denouncing abuses. They have exposed corruption, famine, environmental destruction, and systematic human rights violations, while standing in solidarity with victims seeking justice. Without their work, the long road toward accountability would be even more difficult. Against all odds (and often at great personal risk) they have gathered the evidence that may one day be used in courts to bring those responsible to justice. When I worked at Free Press Unlimited, managing the Legal Defense Fund under the Reporters Respond programme (funded at the time by the Dutch Ministry...
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...