Search: Affective Justice: Book Symposium: A Response
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...
09 Apr Missing: Asian Women on the International Bench
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...
17 Dec The Trump Administration’s Subversion of the State Department’s Human Rights Reporting (Part 2)
[ Jessica Zhu graduated with honors from Stanford University and is now a student at Stanford Law School, where she is executive editor of the Stanford Law Review. Beth Van Schaack is a Distinguished Fellow with Stanford’s Center for Human Rights & International Justice and the former U.S. Ambassador-at-Large for Global Criminal Justice. She is a co-founder and principal with the Alliance for Diplomacy & Justice.] This is a two-part post analyzing the degradation of the U.S. State Department’s annual human rights reports under U.S. Secretary of State Marco Rubio. Part...23 Nov Clarifying the Alternative: International Criminal Justice Options for African Union Member States
...on paper only in the form of the Protocol on the Statue of the African Court of Justice and Human Rights and the subsequent 2014 Draft Protocol on Amendments to the Protocol on the Statute of the African Court of Justice and Human Rights. Read through this second Draft Protocol and there emerges details of a mega-court that would subsume the current African Court on Human and Peoples’ Right which would then exist as a “Human and Peoples’ Rights Section”, alongside a “General Affairs” section and an “International Criminal Law”...09 Apr VJIL Symposium: Commentary on Medical Tourism, Access to Health Care, and Global 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...12 Nov After Medellin: A Proposed ICJ Decisions Implementation Act
[ Steve Charnovitz is an associate professor of law at The George Washington University Law School. He blogs at the International Economic Law and Policy Blog .] On October 31, 2008, I made a presentation at the ASIL’s Tillar House of a proposal for an “International Court of Justice Decisions Implementation Act.” My proposal is an outgrowth of my essay in the Agora of the July 2008 issue of the American Journal of International Law. The Agora focuses on the U.S. Supreme Court’s decision in “Medellin v. Texas” and includes...06 Dec Justice O’Connor and the Iraq Study Group
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...24 Mar Protecting Children’s Procedural Rights Through the European Social Charter
...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...
08 May Soft Power, Misinformation and the Role of the International Court of Justice
...of destruction within the relevant regions. While the exercise of hard power has taken the limelight, it is noteworthy that the ongoing conflicts are not bereft of the involvement and influence of soft power. The present discussion will delve into the significance of soft power and the correlation between such power and misinformation. Upon making several observations to that effect, the discussion will then progress to the role of the International Court of Justice (ICJ) in light of soft power and misinformation. The Significance of Soft Power As defined by...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...