Search: Affective Justice: Book Symposium: A Response
30 Jul COVID-19 and Courts Symposium: The Active Role of the Nepalese Judiciary in Guiding Nepal’s COVID-19 Response
bring Nepali citizens who are willing to come to Nepal on the border of Nepal and India”. Second and Third Wave: Managing the deficiencies in the Executive’s COVID-19 responses Another issue in regard to Nepal’s COVID-19 response is the absence of pandemic-specific law, or other appropriate legal framework to respond to the pandemic. The Nepal government used the decades old Infectious Disease Act, enacted in 1964, to coordinate its responses to COVID-19. The use of this outdated, broadly worded and inadequate law was challenged in a petition to the Supreme...
25 Aug Six Years After the Myanmar Military Committed International Crimes Against the Rohingya, Survivors are Still Seeking Justice in Courts Around the World
...UN’s World Food Programme cutting their food rations, and with the deteriorating security situation inside the camps, many Rohingya find themselves in a dire situation with impunity being but one of many pressing concerns. Through its offices in Cox’s Bazar, Legal Action Worldwide (LAW) provides legal assistance and support to Rohingya survivors in these refugee camps. Having been deported en masse to Bangladesh, and without a fair legal remedy available within Myanmar, Rohingya survivors are forced to rely on pathways for justice outside of Myanmar. A variety of efforts on...
17 Apr Strategies for Appealing the Afghanistan Decision
don’t see how the judges could in good conscience arrogate to themselves the final say over whether the OTP can investigate horrific crimes in Afghanistan involving tens of thousands of victims (and perpetrators from the most powerful state in the world). Whether the PTC took the correct approach to the interests of justice is precisely the kind of legal issue that screams out for appellate consideration — particularly in light of the fact that the PTC gave the OTP absolutely no warning that the interests of justice would determine the...23 Nov Clarifying the Alternative: International Criminal Justice Options for African Union Member States
...on paper only in the form of the Protocol on the Statue of the African Court of Justice and Human Rights and the subsequent 2014 Draft Protocol on Amendments to the Protocol on the Statute of the African Court of Justice and Human Rights. Read through this second Draft Protocol and there emerges details of a mega-court that would subsume the current African Court on Human and Peoples’ Right which would then exist as a “Human and Peoples’ Rights Section”, alongside a “General Affairs” section and an “International Criminal Law”...
14 Feb Justice Prevails over Realpolitik at Koblenz: International Law offers a Rare Glimmer of Hope after a Decade of Disappointments for Syrians
...who secured the conviction by smuggling evidence out of Syria, acting as joint plaintiffs and reliving unimaginable horrors in front of their former tormentor, all at considerable risk to their own welfare and that of their families. However, their victory is bittersweet. As victims’ associations stressed: our satisfaction at this verdict is overshadowed by our long and continuing suffering as we seek our missing loved ones and demand justice for the crimes against us. This important conviction is just a first step on the long and arduous path toward justice....12 Nov After Medellin: A Proposed ICJ Decisions Implementation Act
[ Steve Charnovitz is an associate professor of law at The George Washington University Law School. He blogs at the International Economic Law and Policy Blog .] On October 31, 2008, I made a presentation at the ASIL’s Tillar House of a proposal for an “International Court of Justice Decisions Implementation Act.” My proposal is an outgrowth of my essay in the Agora of the July 2008 issue of the American Journal of International Law. The Agora focuses on the U.S. Supreme Court’s decision in “Medellin v. Texas” and includes...06 Dec Justice O’Connor and the Iraq Study Group
I am just now beginning to make my way through the Iraq Study Group report issued today. I wanted to raise one small but interesting issue relating to Justice O’Connor’s service on the study group. We all know various historical examples in which a sitting or former justice served an important political function (John Jay, Robert Jackson, Earl Warren, etc.). But it seems this is one of the few instances in recent memory in which a former Supreme Court justice is part of a team giving political advice to the...24 Mar Protecting Children’s Procedural Rights Through the European Social Charter
...petty offences, or placing the children in closed institutions in such a young age. A system which does not allow for diversion based on restorative justice principles, such as settlement or withdrawal of the proceedings is clearly destined to devastate or at least highly negatively impact children’s lives. To reflect the Article 40 of the CRC and the CRC Committee’s recent General Comment No 24 on children’s rights in the child justice system, the common and ultimate objective for all professionals in the justice system should be to support the...
08 May Soft Power, Misinformation and the Role of the International Court of Justice
...of destruction within the relevant regions. While the exercise of hard power has taken the limelight, it is noteworthy that the ongoing conflicts are not bereft of the involvement and influence of soft power. The present discussion will delve into the significance of soft power and the correlation between such power and misinformation. Upon making several observations to that effect, the discussion will then progress to the role of the International Court of Justice (ICJ) in light of soft power and misinformation. The Significance of Soft Power As defined by...
31 Jul Internships in International Criminal Justice Institutions
...to is the working conditions of interns in international criminal justice institutions, which generally allow them to work without payment. Indeed, paragraph 19 of the Interim Report states that the experts “wished to have a comprehensive understanding of the challenges facing the Court and the Rome Statute system from all levels: elected officials, management, and staff, including junior staff, from both the P-levels and G-levels; from headquarters and field offices.” Absent are interns and visiting professionals, as well as environmental support staff and the people who work, presumably on contract,...