Search: Affective Justice: Book Symposium: A Response

[ 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...

...Rights Institute; Chair, Commission on International Justice and Accountability; former US Ambassador-at-Large for Global Criminal Justice (2009-2015). Sareta Ashraph  is a Visiting Fellow of Practice with the Oxford Programme on International Peace and Security, Institute for Ethics, Law, and Armed Conflict (ELAC), Oxford Blavatnik School of Government; she is a barrister with Garden Court Chambers; and the Co-Vice Chair of the IBA War Crimes Committee] [This blog post describes new research being carried out at the University of Oxford around the question of whether some form of permanent support –...

...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”...

[ 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...

...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...

meaning to the maxim justice delayed is justice denied. I have just returned from visiting the courts of Kenya in Nairobi in conjunction with my training program with IJM Office in Kenya. During my time with IJM, I was briefed on cases in which it took years for criminal defendants to receive basic judicial process. For example, in one disturbing case the defendant was framed by a corrupt policeman. The officer demanded a bribe that the defendant could not pay, so in retaliation the officer falsely accused the defendant of...

...to is the working conditions of interns in international criminal justice institutions, which generally allow them to work without payment. Indeed, paragraph 19 of the Interim Report states that the experts “wished to have a comprehensive understanding of the challenges facing the Court and the Rome Statute system from all levels: elected officials, management, and staff, including junior staff, from both the P-levels and G-levels; from headquarters and field offices.” Absent are interns and visiting professionals, as well as environmental support staff and the people who work, presumably on contract,...

regions, home of the Nasa indigenous people. This marked the first time the JEP charged for environmental harms, expressly stating that “transitional justice is also environmental justice”. Right after the press conference, the two main Nasa indigenous organisations of the Cauca (ACIN, CRIC) convened an internal emergency meeting with Nasa indigenous authorities to discuss this decision. During the meeting, Nasa representatives heavily criticized the decision for having discarded their cosmovision and own laws (derecho proprio) and reduced Uma Kiwe, their Mother Earth, to natural resources. For the Nasa people, territory...

[ Fabián Raimondo is an Associate Professor of Public International Law at the Faculty of Law of Maastricht University. He has been a member of the Bar of the City of La Plata (Argentina) since 1990 and on the List of Counsel of the International Criminal Court since 2005. He has acted as counsel and advocate for Sudan in three advisory proceedings before the International Court of Justice. Alexandre Skander Galand is an Assistant Professor of International Law at Maastricht University. He has participated in the International Court of Justice...

don’t see how the judges could in good conscience arrogate to themselves the final say over whether the OTP can investigate horrific crimes in Afghanistan involving tens of thousands of victims (and perpetrators from the most powerful state in the world). Whether the PTC took the correct approach to the interests of justice is precisely the kind of legal issue that screams out for appellate consideration — particularly in light of the fact that the PTC gave the OTP absolutely no warning that the interests of justice would determine the...

...justice system where cases often took years to resolve. In 2009, after decades of effort, the UN comprehensively redesigned its internal justice system, creating the UNDT and the UNAT. For a discussion, see an earlier article by the author here. So, is the redesigned system working? The Kompass case is a prime example that while much more needs to be done, progress has been made. What did the UNDT decide in the Kompass case? Bearing in mind that the merits of the case have not yet been determined, on the...

...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...