Search: Affective Justice: Book Symposium: A Response

communist-style political violence – structures that are nothing, if not intimidatingly grey. Never before have I seen an academic book engaging with greyness so vividly.  Embracing greyness extends to the authors’ scepticism toward transitional justice. Early on in the book, the authors reveal one of their core concerns with regard to transitional justice – the lack of the emotional quotient (EQ): …transitional justice would do well to recognize the full panoply of diverse emotional motivations of informers and their handlers in all of their hues. Such recognition would augment the...

for thinking about transitional justice. In considering some of the affinities and differences of their own experiences compared to those of other societies confronting legacies of injustice discussed in the book, activists and intellectuals could be triggered by Teitel’s analysis without being constrained by it. At a time when many international actors were brining to the Balkans policy templates and prescriptions that seemed to depoliticize the issues and foreclose critical discussion, Transitional Justice appeared to be doing the opposite. It was opening up space for debate and deliberation. Since these...

...epiphenomenal. In the process, she engages with insights and arguments from several disciplines and fields of law —from international law to constitutional theory, from political philosophy to historiography— not merely enriching the discussion, but rather demonstrating their importance for legal analysis, without sacrificing attention to legal detail. Repressive pasts and legal responses Teitel carefully identifies and explores a number of crucial legal mechanisms employed in transitional periods: criminal justice, historical justice, reparatory justice, administrative justice, and constitutional justice are each the focus of individual chapters. This analysis puts Teitel in...

until you realise that you might not just be running out of academic-time but also life-time. What a rude awakening from the manic scramble from one deadline to another! We all have one final dead-line I guess, and I am extremely thankful that I have been granted an extension. But I am already starting to ramble. Thank you so much for your careful and thought-provoking engagements with Marketing Global Justice. Filip, thank you for agreeing to engage with my book in this symposium at short notice; I am so glad...

“transitional justice.” He argues, the popular translation of transitional justice in traditional Chinese(轉型正義), which is allegedly      informed by Taiwanese scholars during the first decade of this century, is quite misleading. The term has often been misinterpreted as “deformation” or “mutation” of justice. Local commentators criticized the connotation of the term, for justice is universal, prospective, and generally applicable, rather than constructive, in-between, and context-dependent. In their words, transitional justice is a political excuse of the successor regime to persecute people on the other side of political spectrum. “Transitional injustice” was...

[ Carsten Stahn is Professor of International Criminal Law and Global Justice and Programme Director of the Grotius Centre for International Studies.This two-part post is based on a talk given at the seminar on Reconciliation v. Accountability: Balancing Interests of Peace and Justice, organized by the Centre for International Law Research and Policy on 29 May 2015 at the Peace Palace. Part 1 can be found here.] 2. International Criminal Justice and Reconciliation: Improving Connections It is easy to criticize international criminal justice for its shortcomings. A hard question is:...

[Ottilia Anna Maunganidze is the head of special projects at the Institute for Security Studies . She is a lawyer, analyst and strategist with particular interests in international law, human rights and justice. 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.] The International Criminal Court (ICC) was established as a court of last resort for serious, mass atrocity crimes. As an institution, the ICC, was thus conceptualized as one that should serve to counteract...

just written a book with the title ‘war’  and what that means. So you refer to the book by McNair & Watts who wrote in 1966 that the term war was out of fashion in international law. It seems that in some other disciplines the term might be coming back, and you know that I took part in a podcast discussion with Professor Jolle Demmers from Conflict Studies at Utrecht University who was advocating that the term war should come back. I’m wondering, do you think your book might be...

international law by distracting from structural inequality, with the marketing of global justice selling a misleading vision of it. Effectively she claims that the marketing of global justice packages the visceral and spectacularized suffering of primarily Black and Brown bodies for the institutional and political preferences and benefits of primarily White and Northern actors, without attending to the roles of the latter in producing the former [18]. Marketization of global justice enables this conceptual bifurcation by detaching the structural production of violence – through, inter alia, the supply of arms,...

goals, and future of each term. The most useful definition of Transitional Justice In Transitional Justice Genealogy, Ruti Teitel defines Transitional Justice “as the conception of justice associated with periods of political change, characterized by legal responses to confront the wrongdoings of repressive predecessor regimes.” This is, of course, not the only definition of Transitional Justice, but I think it is one of the best. Subsequent definitions tend towards vagueness. The UN defines Transitional Justice as “the full range of processes and mechanisms associated with a society’s attempts to come...

...to doing? "Can we, as civilized nations, really afford to sacrifice justice to expediency?" No. But can we, as relatively civilized peoples and nations really afford to sacrifice both justice and expediency on the altar of the accused's right to defend themselves, like what happened with the Milosevic trial? And if forced to chose, which one harms justice the less? That is the dilemma, and it is not one for us to find a concrete answer to, but at some point, we have to make a values call, and bluntly...

[Elisenda Calvet-Martínez is Assistant Professor of International Law and co-coordinator of the Law Clinic Fight Against Impunity at the Faculty of Law of the Universitat de Barcelona (UB). The opinions expressed herein are the author’s alone.] 1. Introduction This paper briefly sets out the transitional justice issues facing the peace process in Ukraine and considers different modalities for addressing transitional justice through a peace settlement. Transitional justice is understood here as a process by which a state deals with atrocities that occurred in the past because of an armed conflict...