Search: Affective Justice: Book Symposium: A Response
20 Aug A Victory for Media Freedom and another Blow Dealt to Criminal Defamation and Sedition Laws by the East African Court of Justice
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...
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...
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 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...
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...
03 Oct Distant Justice Symposium: Some Thoughts on Getting Close
[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,...
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....
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...
01 Sep The Strongman’s Clause: Article 23(5), the Rules-Based International Order, and the Ukraine Tribunal’s Troubling Precedent
[Kate McInnes is a Vancouver-based criminal defence lawyer and the Principal at Arendt Chambers, Canada’s first and only law firm practicing exclusively in international human rights law and international justice] The creation of the Special Tribunal for the Crime of Aggression against Ukraine (STCAU), a court embedded within the Council for Europe framework, marks a historic effort in securing accountability for the most devastating conflict in Europe since World War II. It is a necessary step toward rectifying the fractured international order and delivering justice to victims of an illegal...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...