Search: Affective Justice: Book Symposium: A Response
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...02 Mar Fighting for Freedoms: Supreme Court In 21st Century (Part 1)
A lecture by ICJ Commissioner Justice Ajit Prakash Shah at LC Jain Memorial Lakshmi Chand Jain would have been a young man when Mahatma Gandhi passed away in 1948, but he embodied the spirit of Gandhian values in the best possible way. Indeed, he has been described as “an impassioned crusader of what Gandhi called the second freedom struggle for a just and equitable India”. Mr. Jain’s autobiography, titled Civil Disobedience is a fascinating book, especially, and very revelatory. In that, he makes extensive observations on the Emergency years. Recall...18 Feb A Bigger Transitional Justice Role Recommended for the AU
to place transitional justice issues at the center of a new continental legal architecture, which would include promoting ratification of existing legal instruments such as the African Charter on Human and People’s rights and the new African Court on Human and Peoples’ Rights. 2) The AU should develop a Transitional Justice Policy Framework and strengthen instruments for justice and reconciliation on the continent. The text provides general background on the ICC’s role in Africa, but of particular note are the recommendations in the Annex that, if implemented, would alter the...02 Jan The ICC and Saif: After International Intervention, Avoiding Victor’s Justice
of international criminal justice. But an equally compelling goal is to prevent a post-conflict free fall into vengeance, vendetta, or victor’s justice. Moreover, the ICC Statute is a treaty, and standard rules about interpretation of treaties in international law require that its complementarity principle be read along with other international obligations. So when the Statute refers to whether a state is able or willing to prosecute, that should include all that holding trials imply—that is, able and willing to respect the human rights of the criminal defendant. Even those charged...
16 Jun Migrants and Justice Remittances: How the Movement of People Across Borders is Enabling the Spread of Universal Jurisdiction Cases
...remittances” to describe the information about different government structures, corruption, and politics and different norms of behavior passed from migrants to their friends and family back home. These social remittances can help foster democratization. Our interdisciplinary research suggests that the principle of universal jurisdiction allows another form of transnationalism: justice remittances. Migrants bring awareness and evidence of a crime, create the political pressure needed to move cases forward, and in some cases even bring the case themselves. When justice is not possible at home, migrants serve as agents of justice....
30 Oct Options for a Peace Settlement for Ukraine: Option Paper XVI – War Crimes, Crimes against Humanity and Genocide
...or not any or each of the categories of international crimes of war crimes, crimes against humanity and genocide have been committed, but rather presents options for solutions for justice and accountability. Some solutions are the same for all three categories of crimes; other solutions apply only to one crime category. This paper will not repeat specific topics addressed elsewhere in this project that may also deal with war crimes, crimes against humanity or genocide, such as sanctions, children, and sexual violence, or the broader transitional justice options (e.g. truth-seeking...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...
06 Nov The International Court of Justice and the Rohingya: The Long Road Ahead for Accountability
At the International Conclave on Justice and Accountability for the Rohingya organized by the Centre for Peace and Justice (BRAC University), the Asia Justice Coalition and the International Institute of Social Studies on 18 October 2019, the Minister of Justice for The Gambia announced that he had instructed counsel on 4 October to proceed to file an application at the International Court of Justice (ICJ) based on the Genocide Convention, in respect to the crime of genocide against the Rohingya. This puts state responsibility of Myanmar front and center in...