Search: Affective Justice: Book Symposium: A Response
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...
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...
30 May ‘Wait a Minute, Mr. Postman’: Legal Implications of Threats Issued by U.S. Republican Senators
[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...
23 May Environmental Justice at the JEP and Indigenous Worldviews: A Mismatch?
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...18 Apr Kiobel Insta-Symposium: What Remains of the ATS?
...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...
03 Nov Symposium on the ECCC: The Fate of ECCC Archives and Documentation
...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...
15 Mar SCSL Symposium: A Legal Legacy that Opens the Way to Justice in Challenging Places and Times–Part II
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)....
21 Apr ICC Sanctions Symposium: The Unprecedented Attack Against the ICC Prosecutor–The Pitfalls of Being a National of a ‘Less-Powerful’ State
...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...