Search: Affective Justice: Book Symposium: A Response

...grounds for international intervention in the hostage situation. In examining which steps can be used, it may be helpful to turn to the response of states to the Russian invasion of Ukraine as a framework of reference. We are aware of the eyebrows that may be raised in response to this comparison, in light of the ongoing Israeli occupation of the West Bank. However, no other acts are relevant to the fact that the crimes committed by Hamas constitute grave violations of international law that warrant international response. In arguing...

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...

[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...

...What about when key infrastructure like bridges are systematically destroyed, thereby impeding the delivery of food, humanitarian aid, and medical supplies? Again, larger scale, archive-wide investigations can better encompass the full scope, impact, and experience of such documented harms. The current global justice reality simply is not adequate to meet the demands implicit in the extensive quantity — and quality — of content that documenters continue to share open source, from a variety of places and contexts. In today’s justice dynamic, civil society has already stepped up in unprecedented ways,...

on research I conducted as part of the Asia Justice Coalition’s Women in International Justice & Accountability (WIJA) project. The WIJA project aims to empower women leaders in Asia and develop their leadership in international law. I examined the gender and regional representation of judges at four international courts and tribunals. I focused on judges because they optically hold the most important role in courts and are the ‘face’ of judicial work. Given their impartial and representative mandate, judges should ideally represent the global character of international justice. Practically, data...

...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...

I want to call readers’ attention to a remarkable new report on international criminal justice authored by Daniel McLaughlin, a former legal officer at the ECCC, for Fordham’s Leitner Center for International Law & Justice. As the introduction states, the report is an attempt — a very successful one — to visualize information about the criminal tribunals: There is wide awareness, though little true understanding, of the work of the international criminal tribunals. International prosecutions of high-ranking civilian and military leaders, including former heads of state, on charges of crimes...

perpetrated by the Tatmadaw and its proxies in Rakhine State is something that should be prioritised by international justice processes. It is crucial that such crimes are not only investigated and addressed, but that such processes respect the specific needs of victims who have suffered such abuse. Based on this response from the OOP, it is in our opinion clear that the case brough BROUK would not duplicate efforts in the Hague, but instead complement and add significantly to this case. Related to this, during the hearing we also stressed...

...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...

...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....

managing the potential negative consequences of medical tourism. Cohen gives an overview of canonical accounts of global justice and their implications for state responsibility, helpfully demonstrating that different accounts of justice will provide different answers to questions of responsibility. In this way, Cohen’s article makes the case for continued research on theories of global justice and their implications for global health practices like medical tourism. Cohen’s article faces a limitation shared by others conducting research on the impacts of medical tourism, a global health practice that, while not new, has...

[Aakash Chandran (X: @ChandranAakash is the Legal Advocacy and Communications Manager at Asia Justice Coalition.] The international community is currently navigating a turbulent phase marked by armed conflicts, aggression, and manifest violations of international humanitarian law and human rights law. The situation in South, Southeast, and East Asia also continues to present alarming developments, including the escalating situation in Myanmar, exacerbated by the absence of concerted international action. The entrenched impunity in Sri Lanka concerning the civil war has left thousands of victims of atrocity crimes without access to justice,...