Search: Affective Justice: Book Symposium: A Response
26 May 40 years’ Worth of Footage from Syria Alone: Global Documentation Requires Commensurate Global Justice
...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,...20 Apr Kony 2012: The Complex Kaleidoscope of Transitional Justice in Uganda
[Michael A. Newton is Professor of the Practice of Law, Vanderbilt University Law School] The Kony 2012 campaign had the laudable goal of increasing public awareness in order to aid the search for justice and accountability in the wake of LRA atrocities. In fact, the worldwide attention had the paradoxical effect of demonstrating the lamentable reality that the optimal pathway towards authentic justice for LRA victims in that setting is neither simple nor self-obvious. This is true for a number of reasons which I shall summarize. Firstly, the complexity of...13 Mar Why the ICC Should Not Step Aside — At Least Not Yet
...traditional justice, which is more compensatory than a retributive system,” he said on a visit to London. “That is what we have agreed at the request of the local community. They have been mainly tormenting people in one area and it is that community which asked us to use traditional justice.” It is, if course, tempting to reply to this bait-and-switch by saying “so what?” If ordinary Ugandans believe that peace through traditional justice is more important than punishing the LRA for its many crimes, isn’t that their right? Maybe...
17 Mar SCSL Symposium: The Sierra Leone Perspective – When the Story is as Important as the Storyteller
assistance to ensure accountability for the heinous crimes committed post the 1996 Abidjan Accord. In this period of seeming global retreat in international criminal justice in the continuum of “tribunal fatigue” in the UN system, it is useful to reflect on the remarkable desire of the Government of Sierra Leone for “credible justice” to punish adversaries, a framing which allowed the SCSL to move away from the hitherto victors’ justice archetype of ICL. The motivation for credible justice laid the foundation for the credible contributions of the SCSL to international...05 Aug Saif Gaddafi’s Statement About the Possibility of Justice in Libya
In my post on the detention of Melinda Taylor and her team, I mentioned that the “guard” planted by the Libyan government to spy on the OPCD’s official meeting with Saif first intervened when Saif tried to sign a statement describing his attitude toward the Libyan criminal-justice system. I thought readers might be interested in the statement itself: Unsigned statement/sentiments from Mr, Saif Al Islam Gaddafi 7 June 2012, Zintan 1. I want to face justice. 2. I want to do so because I believe that Libya, the victims in...27 Aug Truce Reached in Uganda: The ICC’s Dilemma Continues
should be clear as to the nature of social and political justice and how these relate, say, to criminal justice. Perhaps forgoing retributive justice has a corrosive effect on social and political justice (or even 'legal' or 'ethical' justice; I'm assuming that, in the end, there's more than family resemblance to the various kinds of justice). In any case, I'm grateful to Professor Weinberger for making me think more carefully about what is at stake here. Seamus I should have also said, in fairness to Professor Ku, that we're still...
11 Jan ICC Preliminary Examinations – Where is the Gender Analysis?
[Indira Rosenthal is a legal consultant in international human rights law and international criminal law, with specialisms in women’s human rights, gender justice, law reform and access to justice. She is currently a PhD candidate in the Faculty of Law, University of Tasmania, Australia, researching possible impacts of (mis)understandings of ‘gender’ on accountability for atrocity crimes at the ICC.] As the ICC ‘s third decade and the term of its third Prosecutor, Karim Khan, get underway, forensic examination of its every move continues unabated. This includes its record on investigation...
28 Jun Suing Corporations for Violating International Law: A Step Forward
in three separate opinions, by five justices, on both sides of the Court’s usual philosophical divide. Joined by Justice Alito, Justice Gorsuch addressed corporate liability at some length. “Nowhere,” he wrote, does the text of the ATS “suggest that anything depends on whether the defendant happens to be a person or a corporation.” Reviewing the long history of tort suits against corporations, he summarized: “Causes of action in tort normally focus on wrongs and injuries, not who is responsible for them.” In a separate opinion, Justice Alito added that “if...
30 Sep Symposium on the Current Crisis in Myanmar: Inching Closer to a Historic Universal Jurisdiction Case in Argentina on the Rohingya Genocide
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...