Search: Affective Justice: Book Symposium: A Response
06 Jul Case of the Month: Hamdan v. Rumsfeld
...of Congress, nor Congress upon the proper authority of the President… . Congress cannot direct the conduct of campaigns, nor can the President, or any commander under him, without the sanction of Congress, institute tribunals for the trial and punishment of offences, either of soldiers or civilians, unless in cases of a controlling necessity, which justifies what it compels, or at least insures acts of indemnity from the justice of the legislature.” 4 Wall., at 139-140. Whether Chief Justice Chase was correct in suggesting that the President may constitutionally convene...
07 Apr The Growing Imperative to Recognize and Codify Gender Apartheid: Demonstrating the Need and Responding to Critics (Part II)
[ Azadah Raz Mohammad is a legal advisor for the End Gender Apartheid Campaign and a PhD candidate at the University of Melbourne. She is the co-author of the Handbook on Universal Jurisdiction: Holding the Taliban Accountable for International Crimes. Akila Radhakrishnan is an independent human rights lawyer and gender justice expert. She is a legal advisor for the End Gender Apartheid Campaign.] Part I of this post discussed why the term ‘gender apartheid’. Challenges and Critiques Over the last two years, even as support has grown, as with all efforts, critiques...
01 Feb Reproductive Violence in Palestine: The Need for a Feminist Approach to Justice
of sterilisation than the rest of the population. This dehumanisation and ‘other’-ing of oppressed women’s bodies in disparate situations and across history highlights that reproductive justice will always lack under the framework of occupation, colonisation and genocide. Unless Palestine is liberated, there is no possibility for reproductive justice. Ultimately, as international lawyers it is incumbent on us to ensure our analyses understand and unpack the gendered impact of the Israeli occupation and apartheid across occupied Palestine, and the most recent military assault on Gaza, to reveal the full panoply of...
11 Feb Myanmar Coup d’état – Implications for International Justice
...human rights and sliding back on any of the gains that may have been made in the ‘transition’ to democracy thus far. The focus of this post however is to assess the implications in relation to the international justice processes that have been set in motion in the last two years, relating to the atrocities committed against the Rohingya. There are two ongoing legal proceedings before international courts – the International Criminal Court (ICC) situation in Bangladesh/Myanmar, and the International Court of Justice (ICJ) in relation to the application of...
11 Oct Rethinking International Law After Gaza BILC 2024: Summary and Declaration
...join the following call for action to achieve justice for Palestinians: Re-Prioritise UN Resolution 194: Building on the ICJ Advisory Opinion affirming the Palestinian right to self-determination, particularly the right of return and reparations, efforts should focus on re-prioritising UN Resolution 194 and the mandate that Palestinians must be allowed to return to their original homes and lands. This resolution, which addresses the right of return and reparations for Palestinian refugees, must be upheld as a central mechanism for achieving justice for Palestinians. Shift to Justice-Centric Frameworks: The international community...22 Aug Emerging Voices: The Transformative Influence of International Criminal Law in Domestic Perspective
Although ICL partly reflects an idealistic version of how the world should be, it is also constantly under the influence of how the world is: a place in which the demands of politics and justice often come into conflict. For better or worse, ICL’s transformative value and potential is affected by the political will of states. It is submitted that the negative influences of politics on international criminal justice (for example, selective prosecutions and the African critique of the ICC) must be regarded as areas of awareness and concern for...18 Dec Events and Announcements: 18 December 2022
...be (but are not limited to) any of the following subject areas: Broad international legislative rights-based efforts to combat climate change; The role of international, regional, and/or domestic courts in the fight for climate justice; Comparative anthropogenic/ecocentric approaches to climate justice; Social justice, environmental justice, and/or youth justice movements and their influence upon international environmental decisions; International criminal law and the (potential) crime of ecocide; The scope of the proposed United Nations Global Plastics Treaty and how it may shape future climate justice efforts; Incorporating Third World Approaches to International...18 Jan Judge, Professor, Diplomat: Theodor Meron as a Leading Figure in International Criminal Justice
– passionate about the cause of international criminal justice, boundless in his energy, brilliant at all times and never more so than when facing a challenge. As he leaves the Presidency of the Mechanism, I write this post in celebration of his abiding commitment to international law, humanism, and criminal justice. International law has been the common thread across Judge Meron’s professional life. Before he was a judge, he was a professor of international law at NYU for almost twenty-five years, and before that he spent about twenty years as...
26 Jul Article 63 Intervention Before the International Court of Justice: New Developments and the Way Forward
[Ton Nu Thanh Binh is an LLM student at Trinity College Dublin and a recipient of the Ireland Fellows Programme] The opinions expressed in this post are the author’s own and do not reflect the views of any institution the author might be affiliated with. On 28 June 2024, Spain became the sixth country to submit a declaration to intervene in the case between South Africa and Israel before the International Court of Justice (ICJ). Previously, seven states intervened in The Gambia v Myanmar, and 32 states intervened in the...
23 Feb Pathways to Justice for the Downing of Flight PS752
we fight for and what unites us is justice, justice, justice.” In the early hours of January 8, 2020, Iran carried out missile strikes against US bases in Iraq in retaliation for the assassination of Qassem Soleimani, head of the Islamic Revolutionary Guard Corps’ (IRGC) Quds Force. The IRGC expected US retaliation within minutes and therefore added air defense systems to the Tehran vicinity. Despite the immediate risks, Iran kept its airspace open to civilian aircraft. Hours later, an IRGC Air Defense Unit (ADU) stationed near Imam Khomeini Airport (IKA) fired two missiles approximately 30 seconds apart...