Search: Affective Justice: Book Symposium: A Response

...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...

[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...

[ 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...

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...

– 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...

Tetevi Davi is future pupil barrister at 25 Bedford Row in London and a Nicolas Bratza, Tancred and Hardwicke Scholar of Lincoln’s Inn. He writes regularly on international human rights law, international criminal law and transitional justice, primarily with a focus on Africa. He is a rapporteur for Oxford International Organizations where his research focuses on African treaties. Introduction On 28 March 2019, The First Instance Division of the East African Court of Justice (‘the Court’) delivered its judgment in the case of Media Council of Tanzania and Others vs...

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...

...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...

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...

...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...

[Mark Drumbl is the Class of 1975 Alumni Professor and Director, Transnational Law Institute, Washington and Lee University . This is the latest post in our symposium on Phil Clark’s book,  Distant Justice: The Impact of the International Criminal Court on African Politics.] I never thought this day would end I never thought tonight could ever be This close to me — The Cure (1985) from the album The Head on the Door When we embraced, when we embraced again, I didn’t think of what would happen, of what I’d do,...

a less precise, more amorphous method of fact-finding than they publicly acknowledge. The book ends with an exploration of various normative questions, including the most foundational: whether the international tribunals’ fact-finding impediments fatally undermine the international criminal justice project. I read the book in draft form and again after it was completed. All I can say is this: it is one of the most important books ever written on international criminal law. Full stop. (That is essentially the blurb for the book that I submitted to CUP, at its request....