Search: Affective Justice: Book Symposium: A Response
02 Nov The Legality of a SADC Intervention in Cabo Delgado in the Absence of Mozambican Consent
...launched dozens of attacks across the province, resulting in over two thousand deaths and the displacement of some 250,000 people. As the intensity of insurgent activities continue, so too does pressure on a regional response from SADC. In particular, suggestions forwarded on a SADC response include not only fact-finding missions and humanitarian assistance, but the possibility of a regional military intervention. While the SADC legal framework provides for a military intervention in cases of intrastate conflict such as the one ongoing in Cabo Delgado; whether Mozambique will be open to...
28 Jun The ASP’s Response to Israeli and US Political Attacks
...statements made by States Parties during relevant UN debates; Inter-Ministerial Network (IMN) statements.” The non-exhaustive list of potential measures was created to find a formula for responding to political attacks or threats based on lessons learned from previous political attacks. Previous responses of the ASP consisted mainly of encouraging statements of States Parties confirming their support for the ICC and initiatives by the IMN. The initial responses to the recent political attacks followed the same pattern. Responses to the Israeli and US Threats The ASP Presidency, the Prosecutor, and several...15 Dec Ashley Deeks’ Problematic Defense of the “Unwilling or Unable” Test
it did, in the form of Article 51′s preservation of the inherent right of self-defense. (We can then debate what constitutes an armed attack by a non-state actor, etc., but that is an entirely separate matter from the subject of this post). Jordan Response... Alston is clearly wrong! And all U.N. members have "consented" in advance to the use of armed force in response to ongoing armed attacks -- in Art. 51 of the Charter. http://ssrn.com/abstract=1520717 Ben: if host state not attacked, no art. 51 right of self-defense pertains. What...15 May Guest Post: The Anders Kompass Case–A Moment of Opportunity for the UN Internal Justice System
...justice system where cases often took years to resolve. In 2009, after decades of effort, the UN comprehensively redesigned its internal justice system, creating the UNDT and the UNAT. For a discussion, see an earlier article by the author here. So, is the redesigned system working? The Kompass case is a prime example that while much more needs to be done, progress has been made. What did the UNDT decide in the Kompass case? Bearing in mind that the merits of the case have not yet been determined, on the...24 Jan McGuinness on Justice Blackmun’s Internationalism
Our own Peggy McGuiness has just published an article in the Missouri Law Review on “The Internationalism of Justice Blackmun.” When an international scholar thinks of Justice Blackmun a few cases quickly come to mind: Mitsubishi v. Soler, Aerospatiale, Sale, Goldwater, etc. But as McGuiness outlines, his impact on internationalism is far greater than a few odd cases. It also includes nurturing the likes of Harold Koh and Donald Donovan, and authoring a seminal article that has proved instrumental in launching the current rage of reliance on foreign authority in...
07 Feb Overfocusing on Prosecuting Aggression Risks Impunity for Ukraine’s Swelling Dock of Alleged War Criminals
case is actively trying) only and handful of the most responsible perpetrators in their respective jurisdictional contexts. None of the over 121,000 alleged war criminals awaiting prosecution in Ukrainian prisons are accused of being such ‘most responsible’ perpetrators. Arguing in favor of a High War Crimes Court, PILPG experts posit that an extraordinary national tribunal can close the accountability gap for international crimes in Ukraine by “provid[ing] an important additional venue for prosecuting the large number of mid-level perpetrators who might otherwise escape justice.” Discourse on international justice mechanisms for...09 Feb Why the Piracy Police Isn’t Working
...is easier than prosecuting them. Britain prefers outsourcing the prosecution to Third World states. Yet if international justice and universal jurisdiction fails here, it will be hard to take it seriously elsewhere. Thus members of the international naval force should themselves bring the offenders they catch to justice. Some of the difficulties can be addressed by shipboard court-martials, or by bringing to Kenya the precedent of the special court created to try Libyan agents in Lockerbie air bombing: Scottish judges held court in a base in Holland designated part of...
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...
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,...