Search: Affective Justice: Book Symposium: A Response
18 Sep Anchoring Accountability for Mass Atrocities: Providing the Support Necessary to Fulfil International Investigative Mandates
...Rights Institute; Chair, Commission on International Justice and Accountability; former US Ambassador-at-Large for Global Criminal Justice (2009-2015). Sareta Ashraph is a Visiting Fellow of Practice with the Oxford Programme on International Peace and Security, Institute for Ethics, Law, and Armed Conflict (ELAC), Oxford Blavatnik School of Government; she is a barrister with Garden Court Chambers; and the Co-Vice Chair of the IBA War Crimes Committee] [This blog post describes new research being carried out at the University of Oxford around the question of whether some form of permanent support –...
20 Apr ICC Sanctions Symposium: Sanctions and Exceptionalism
...the somewhat transactional relationship that the USA enjoys with the rest of the world on matters related to justice for the worst atrocities—it appears to act on such atrocities only when it suits its national interests rather than because it is the morally right thing to do. Since George Washington’s infamous 1796 Farewell Address, American foreign policy has prided itself in its ability to maintain the much-needed delicate balance between self-interest and morality. The latter has always been postured as an anchor for the observance of good faith and justice...
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....
02 Apr Justice in Extreme Cases: Reflections by the Author
[Darryl Robinson is an Associate Professor at Queen’s University Faculty of Law (Canada), specializing in international criminal justice.] I am deeply grateful to each of the contributors for their excellent additions to the conversation. One of the themes of Justice in Extreme Cases is the important of deliberation in figuring out a framework for moral principles. I agree with and welcome the counterpoints and questions advanced by the contributors. Rather than a typical “response” piece, I will here summarize and celebrate the caveats or concerns that they have raised. Elies van...
29 Jun ICC Landmark Trial: History Seems to Be Repeating Itself For Victims of Darfur Crimes
as a whole. She also emphasised that many participating victims (of which there are now 600) believe that justice and accountability for historic crimes in Darfur are central to the creation of lasting peace in Sudan. Therefore, she suggested that the ICC consider continuing gathering evidence during the current conflict for use in future prosecutions, both as a way to deter further violations and to give those affected hope that perpetrators of the current violence will be brought to justice. Highlights of Testimonies of Participating Victims Voices of participating victims...
19 Apr ICC Sanctions Symposium: The United States of America, Racism and Sanctions Meet at the International Criminal Court
...precarious line of caution and subservience and be relegated to the margins if they are racialised as non-White or are nationals of states considered non-Western. International criminal justice remains one of the most paternalistically unrepresentative ‘branches’ of international law. That these sanctions were imposed in the first place and that they remained in place for so long have changed how the ‘subaltern’ will henceforth interact with international criminal justice in general and the ICC in particular. For instance, those who desire to lend their skills, knowledge, expertise and time in...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...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...
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...