Search: Affective Justice: Book Symposium: A Response
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...
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...21 Jul Dispatch From Kenya: Justice Delayed
meaning to the maxim justice delayed is justice denied. I have just returned from visiting the courts of Kenya in Nairobi in conjunction with my training program with IJM Office in Kenya. During my time with IJM, I was briefed on cases in which it took years for criminal defendants to receive basic judicial process. For example, in one disturbing case the defendant was framed by a corrupt policeman. The officer demanded a bribe that the defendant could not pay, so in retaliation the officer falsely accused the defendant of...02 Oct Kiobel Roundtable: The Supreme Court Gropes Toward a Sensible Solution
...alleged to have occurred on U.S. soil or in U.S. waters” was quickly rebutted by Justice Breyer, invoking Attorney General Bradford’s 1795 opinion that expressed “no doubt” that a civil suit could be brought under the ATS for violations of the law of nations in Sierra Leone. Meanwhile, Justice Kagan offered a variation of the 1784 Marbois incident, hypothesizing that the French ambassador to Britain was attacked in London by an American citizen who sought refuge in the United States and suggesting that the ATS “contemplated exactly that sort of...11 Jul The Conundrum of International Organisations Immunities: Jam et al v International Finance Corporation (Part 2 of 2)
...to the CAO’s recommendations, national proceedings would not have been needed. But where justice is denied within the institutional legal order, considerations around the perceived independence of an organisation continue to trump the individual right to access justice generally, and a fair trial specifically. It is most unfortunate that international organisations such as the IFC who purport to deliver ‘lasting solutions for development’ choose to engage in conduct that leads to grave denials of justice to already vulnerable people who ought to be the very beneficiaries of their development activity....
22 Jun An Opportunity to End Years of Impunity: Enforced Disappearance as a Continuous Gender-Based Crime
...girls during most, if not all, armed conflicts and authoritarian regimes throughout history. Despite the increase in international attention to the gender dimension of conflicts, attention to the rights violations affecting women have yet to be integrated into many transitional justice processes in practice. Spain is a clear example of this reality, though not only for gender-based crimes, since there has been a complete lack of implementation by the Spanish authorities of transitional justice measures that conform to international standards of truth, justice and reparation. Moreover, from a human rights...
21 Apr ICC Sanctions Symposium: The Unprecedented Attack Against the ICC Prosecutor–The Pitfalls of Being a National of a ‘Less-Powerful’ State
...leadership positions. We share a mutual detestation for injustice, and love and belief in supranational organs and human rights bodies to ensure justice for victims of atrocities. She is a feminist and lawyer and an awe-inspiring role model for African women and girls. Bensouda’s leadership of the ICC is also premised and informed by her position as a woman from a small West African country. This insight is essential to how her commitment to ensuring justice for women can be seen in the strategic direction of the Court in challenging...
03 Nov Symposium on the ECCC: The Fate of ECCC Archives and Documentation
...to study the construction of legal and historical memories in the transitional justice (TJ) process in Cambodia. The United Nations (UN) Special Rapporteur on the promotion of truth, justice, reparation and guarantee of non-recurrence affirmed the role of memorialization and protection of archives in enabling societies to learn the truth and regain ownership of their history. The UN Secretary-General characterized archives in transitional justice as ‘tools for fostering reconciliation and memory.’ The discussion of the ECCC archives is more than a historical record; much of it is related to the...
15 Mar SCSL Symposium: A Legal Legacy that Opens the Way to Justice in Challenging Places and Times–Part II
Stephen J. Rapp is a Senior Fellow at the United States Holocaust Memorial Museum’s Center for Prevention of Genocide and at the Blavatnik School of Government of Oxford University. He was formerly Ambassador-at-Large heading the Office of Global Criminal Justice in the US State Department, and between 2007-2009, was the Prosecutor of the Special Court for Sierra Leone. This essay was initially prepared at the request of FIU Law Review for its micro-symposium on The Legal Legacy of the Special Court for Sierra Leone by Charles C. Jalloh (Cambridge, 2020)....