Search: Affective Justice: Book Symposium: A Response

[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...

we fight for and what unites us is justice, justice, justice.”  In the early hours of January 8, 2020, Iran carried out missile strikes against US bases in Iraq in retaliation for the assassination of Qassem Soleimani, head of the Islamic Revolutionary Guard Corps’ (IRGC) Quds Force. The IRGC expected US retaliation within minutes and therefore added air defense systems to the Tehran vicinity. Despite the immediate risks, Iran kept its airspace open to civilian aircraft. Hours later, an IRGC Air Defense Unit (ADU) stationed near Imam Khomeini Airport (IKA) fired two missiles approximately 30 seconds apart...

shaping climate policies and actions, a crucial gap that has hindered inclusive and effective response to the climate crisis. Addressing this gap is not merely about fairness, but about creating more effective, inclusive, and impactful responses to the global climate crisis.  Gender Disparities in Climate Leadership  Over the past two decades, environmental risks have consistently ranked among the greatest long-term global concerns, with state-based armed conflicts and geo-economic confrontations emerging as equally significant threats (Global Risks Report, WEF, 2025). Women are disproportionately affected by both these crises, yet they remain...

...the perpetrators) are gracious enough to allow justice, and seemingly, only to the extent to which they allow it. Submitting to this understanding under the pretext of pragmatism makes a mockery of the ICC and the legacy of all those who believed in and contributed to its establishment. As Matthew Cannock, Head of Amnesty International’s Centre for International Justice, puts it: “The ICC-OTP’s legitimacy and effectiveness depends on not being seen as an instrument of powerful actors, but rather demonstrating –without fear or favour– that it will pursue accountability in situations where perhaps...

[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...

...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...

...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...

...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....

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...

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...

[ 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...

...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...