Search: Affective Justice: Book Symposium: A Response
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...
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...
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...02 Jun Events and Announcements: 2 June 2024
...Playbook for Reinstating the Rule of Law”: 20–21 June 2024 at the University of Freiburg, Germany. As part of the Excellence Cluster Initiative “Constitution as Practice in Times of Transformation” (ConTrans), the two-day conference sheds light on the transition process back to the rule of law in Poland from a comparative and interdisciplinary perspective. Further information as well as a livestream can be found here. Nottingham International Criminal Justice Conference : The field of international criminal justice is diverse and constantly evolving. International criminal justice continues to be viewed as...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...
20 Feb Assessing Syria’s Progress Since Assad
...governed only Syria’s northwestern Idlib province and surrounding areas. It assumed control of a central government that had served mainly to uphold the Assad dictatorship and had no control over broad swathes of the country. The new authorities took significant stabilizing steps by establishing transitional constitutional frameworks, forming interim governing structures, and creating justice mechanisms, as well as securing the lifting of international sanctions and achieving positive diplomatic engagement. They also deserve credit for providing a higher level of security and allowing a greater margin of freedom than under Assad,...18 May Visualizing International Criminal Justice
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...
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...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...
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...