Search: Affective Justice: Book Symposium: A Response

bring Nepali citizens who are willing to come to Nepal on the border of Nepal and India”. Second and Third Wave: Managing the deficiencies in the Executive’s COVID-19 responses Another issue in regard to Nepal’s COVID-19 response is the absence of pandemic-specific law, or other appropriate legal framework to respond to the pandemic.  The Nepal government used the decades old Infectious Disease Act, enacted in 1964, to coordinate its responses to COVID-19. The use of this outdated, broadly worded and inadequate law was challenged in a petition to the Supreme...

...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...

...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,...

...petty offences, or placing the children in closed institutions in such a young age. A system which does not allow for diversion based on restorative justice principles, such as settlement or withdrawal of the proceedings is clearly destined to devastate or at least highly negatively impact children’s lives. To reflect the Article 40 of the CRC and the CRC Committee’s  recent General Comment No 24 on children’s rights in the child justice system, the common and ultimate objective for all professionals in the justice system should be to support the...

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...

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...

[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...

...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....

...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...

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...

...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...

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...