Search: Affective Justice: Book Symposium: A Response
25 Jul Missiles and Messages: Characterizing the Use of Force between Iran and Israel
...from the flexible interpretability of the self-defense doctrine and the customary uncertainty surrounding the precise boundary between lawful self-defense and unlawful reprisals. As has been acknowledged, “on several occasions, force was used in response to past events, rather than current or imminent armed actions, sometimes with considerable delay” (p. vii). The timing and purpose of a forcible response are closely interconnected, aiming to ensure “that the right to use force in self-defence is protective in nature”, rather than punitive (p. 255). Still, it has been argued that “[s]ome level of...
22 Sep Symposium on Climate (Im)Mobility and the African Court’s Climate Advisory Opinion: A Shared Call for Climate Justice – The Amicus Submissions Before the African Court
...climate justice in a human rights architecture that reflects Africa’s own character. An Advisory Opinion grounded in the Charter’s protections of equality, development, natural resources and a satisfactory environment can clarify that effective climate action must protect communities from both climate harm and extractive or exclusionary responses to it. In doing so, the Court can articulate a distinctly African vision of climate justice in which African peoples help determine their own climate future rather than remain passive beneficiaries of externally designed solutions. Photo attribution: Photo by Carlett Badenhorst on Unsplash...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...
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...20 Sep Events and Announcements: 20 September 2026
...society (with a stated emphasis on Asian law and society); and crime, justice, and society (restorative justice, transitional justice, algorithmic bias in justice systems). Eligible applicants include JD, LLM, and JSD students, post-docs, teaching fellows, and recent graduates who are not tenure-track faculty. If you are interested, please submit a 500-word abstract with 3–4 keywords plus a 150-word bio by December 1, 2026. Selected participants must submit a final paper (max 10,000 words including footnotes) by February 15, 2027. Full submission details and the proposal portal are available here. For...
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...
14 Jun In Serbia, Justice Overruled: 25 Years after NATO Intervention, a Pass for Atrocity Crimes
[Fred Abrahams covered the Kosovo conflict for Human Rights Watch . He wrote the book Modern Albania and co-wrote A Village Destroyed: War Crimes in Kosovo . Marija Ristic covered Serbian war crimes trials as a journalist for local and international media.] This April, a modest courtroom in Belgrade, Serbia, offered a lens into the global debate on justice for atrocity crimes. The case dealt with mass killings in Kosovo committed 25 years ago but the topic has relevance for Sudan, Ukraine, Israel/Palestine and other conflicts today. In the dimly...09 Dec Transitional Justice and Judicial Activism Symposium: International Courts and Tribunals Should Have Discretionary Review
...motivate the decision not to take on a case; and so on. Granted, discretionary review has some disadvantages, too. It reduces access to justice and leaves the parties (mostly victims of human rights abuses) at the mercy of the discretion of the court. However, if we can trust the wisdom of these judges on the merits of the case, why can’t we trust them also on weighing the costs and benefits, writ large, of hearing the case? It is exactly the conundrums of transitional justices detailed in Teitel’s article that...