Search: Affective Justice: Book Symposium: A Response
27 Aug Truce Reached in Uganda: The ICC’s Dilemma Continues
should be clear as to the nature of social and political justice and how these relate, say, to criminal justice. Perhaps forgoing retributive justice has a corrosive effect on social and political justice (or even 'legal' or 'ethical' justice; I'm assuming that, in the end, there's more than family resemblance to the various kinds of justice). In any case, I'm grateful to Professor Weinberger for making me think more carefully about what is at stake here. Seamus I should have also said, in fairness to Professor Ku, that we're still...
29 Jul A Future Crimes Against Humanity Convention and Asia: A New Tool for Accountability
[Aakash Chandran (X: @ChandranAakash is the Legal Advocacy and Communications Manager at Asia Justice Coalition.] The international community is currently navigating a turbulent phase marked by armed conflicts, aggression, and manifest violations of international humanitarian law and human rights law. The situation in South, Southeast, and East Asia also continues to present alarming developments, including the escalating situation in Myanmar, exacerbated by the absence of concerted international action. The entrenched impunity in Sri Lanka concerning the civil war has left thousands of victims of atrocity crimes without access to justice,...
08 Dec Symposium on Forensic and Counter-Forensic Approaches to International Law: The New Geometries of International Law – Deploying Self-Reflexive Inquiry to Re-Build the Discipline
...with international justice as a lived reality and not just a mere set of rules. ’Playfulness’ in this context is not the opposite of ‘seriousness’ and is not to be interpreted as a way of bypassing the gravity of the problems addressed by the field of international justice. Quite the opposite, the idea is to utilize the urgency of the current polycrisis to question the solidity of some of the outdated structures in the edifice of international justice and the inability or unwillingness of the actors in the field to...24 Jan McGuinness on Justice Blackmun’s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...18 May Visualizing International Criminal 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...
14 Feb Justice Prevails over Realpolitik at Koblenz: International Law offers a Rare Glimmer of Hope after a Decade of Disappointments for Syrians
...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....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...
02 Apr Justice in Extreme Cases: Reflections by the Author
[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...
20 Feb Assessing Syria’s Progress Since Assad
...governed only Syria’s northwestern Idlib province and surrounding areas. It assumed control of a central government that had served mainly to uphold the Assad dictatorship and had no control over broad swathes of the country. The new authorities took significant stabilizing steps by establishing transitional constitutional frameworks, forming interim governing structures, and creating justice mechanisms, as well as securing the lifting of international sanctions and achieving positive diplomatic engagement. They also deserve credit for providing a higher level of security and allowing a greater margin of freedom than under Assad,...