Search: Affective Justice: Book Symposium: A Response
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,...
09 Feb Civil Society Documentation Efforts: Working Together to Identify and Find Solutions
[Brianne McGonigle Leyh is an Associate Professor of Human Rights Law and Global Justice with Utrecht University and a Senior Legal Advisor with PILPG, working on transitional justice and human rights documentation. Milena Sterio is The Charles R. Emrick Jr. – Calfee Halter & Griswold Professor of Law & LLM Programs Director and Managing Director at the PILPG, working on transitional justice and human rights documentation. Gregory P. Noone is a Professor of Political Science and Law at Fairmont State University, a retired U.S. Navy judge advocate, and a Senior...
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...
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...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...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...
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...
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...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...