In association with the International Commission of Jurists

Search: Affective Justice: Book Symposium: A Response

30 Sep

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...
30.09.21 | |

13 Mar

...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...
13.03.08 | |

30 May

[Javier Eskauriatza is an Assistant Professor in criminal law at the University of Nottingham School of Law. He is also the Co-Director of the Criminal Justice Research Centre, and the Convener of the Criminal Law and Criminal Justice stream for the Society of Legal Scholars.] On 24 April 2024, twelve U.S. Senators (Republican Party) sent a letter to Karim Khan, the Prosecutor of the International Criminal Court (‘ICC’), threatening him, other Court officials, and their families, with ‘sanctions’ and other less specific consequences if arrest warrants were to be issued...
30.05.24 | |

18 Apr

...is that the Justices themselves apparently do not think the decision will necessarily cut off ATS claims in such a comprehensive manner. Justice Kennedy writes that the decision “leave[s] open a number of significant questions regarding the reach and interpretation of the Alien Tort Statute”; and even Justices Alito and Thomas acknowledge, with evident regret, that the Court’s opinion “obviously leaves much unanswered” (emphasis added). What is the “much” that the Court does not answer? The “number” of “significant” questions that remain unresolved? If only it were as “obvious[]” as...
18.04.13 | |

03 Nov

...to study the construction of legal and historical memories in the transitional justice (TJ) process in Cambodia. The United Nations (UN) Special Rapporteur on the promotion of truth, justice, reparation and guarantee of non-recurrence affirmed the role of memorialization and protection of archives in enabling societies to learn the truth and regain ownership of their history. The UN Secretary-General characterized archives in transitional justice as ‘tools for fostering reconciliation and memory.’ The discussion of the ECCC archives is more than a historical record; much of it is related to the...
03.11.22 | |

15 Mar

Stephen J. Rapp is a Senior Fellow at the United States Holocaust Memorial Museum’s Center for Prevention of Genocide and at the Blavatnik School of Government of Oxford University. He was formerly Ambassador-at-Large heading the Office of Global Criminal Justice in the US State Department, and between 2007-2009, was the Prosecutor of the Special Court for Sierra Leone. This essay was initially prepared at the request of FIU Law Review for its micro-symposium on The Legal Legacy of the Special Court for Sierra Leone by Charles C. Jalloh (Cambridge, 2020)....
15.03.21 | |

21 Apr

...leadership positions. We share a mutual detestation for injustice, and love and belief in supranational organs and human rights bodies to ensure justice for victims of atrocities. She is a feminist and lawyer and an awe-inspiring role model for African women and girls. Bensouda’s leadership of the ICC is also premised and informed by her position as a woman from a small West African country. This insight is essential to how her commitment to ensuring justice for women can be seen in the strategic direction of the Court in challenging...
21.04.21 | |

17 Mar

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...
17.03.21 | |

28 Jul

We are pleased to host this week a discussion of Benjamin Wittes’ book Law and the Long War. Ben’s book is a comprehensive analysis of how September 11th did–and did not–change National Security Law, the disparate group of legal mechanisms related to counter-terrorism. It is also about what the role of law in counter-terrorism should be. It is a book that is sure to ignite debate from all around. As Ben writes: [T]his is a critique of the Bush administration, whose consistent — sometimes mindless — aggressiveness and fixation on...
28.07.08 | |

24 Oct

We’re pleased this week to host a discussion of Ruti Teitel’s new book, Humanity’s Law, just out from Oxford University Press. Ruti is Ernst C. Stiefel Professor of Comparative Law at New York Law School, where she directs the Institute for Global Law, Justice, & Policy. She is also Visiting Professor, London School of Economics. The book is a major contribution to understanding the transformed baselines of international law, an integrated account of how international law has reoriented to humanity. The book describes the central transformations of the post-Cold War...
24.10.11 | |

26 Mar

...Act, etc. They also found that the number of responses to a fictitious issue was affected by the presence of a "don’t know" response category. Providing a "don't know" choice significantly reduced the number of meaningless responses." Friedman, H.H. & Amoo, T. (Winter, 1999) Rating the Rating Scales, Journal of Marketing Management, Vol. 9:3, 114-123. Retrieved from http://academic.brooklyn.cuny.edu/economic/friedman/rateratingscales.htm Akiva In other words, Dill's methodological approach forced an appearance of certainty on her results that simply may not exist in the real world. Indeed, it would be far more meaningful to...
26.03.15 | |

30 Mar

recent role on the UN special panel promoting access to justice for the poor. (For those who missed Jeffrey Toobin’s excellent profile of Justice Kennedy the internationalist in the New Yorker last fall, here is the link.) So why Darfur? Kennedy was careful not to make explicit criticisms of the US government’s policies toward Darfur. And when an audience member asked whether the use of military force under the rubric of humanitarian intervention would be a lawful in response to genocide, he replied simply that he would need to think...
30.03.06 | |