Search: Affective Justice: Book Symposium: A Response

...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...

...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,...

In my post on the detention of Melinda Taylor and her team, I mentioned that the “guard” planted by the Libyan government to spy on the OPCD’s official meeting with Saif first intervened when Saif tried to sign a statement describing his attitude toward the Libyan criminal-justice system. I thought readers might be interested in the statement itself: Unsigned statement/sentiments from Mr, Saif Al Islam Gaddafi 7 June 2012, Zintan 1. I want to face justice. 2. I want to do so because I believe that Libya, the victims in...

...Playbook for Reinstating the Rule of Law”: 20–21 June 2024 at the University of Freiburg, Germany. As part of the Excellence Cluster Initiative “Constitution as Practice in Times of Transformation” (ConTrans), the two-day conference sheds light on the transition process back to the rule of law in Poland from a comparative and interdisciplinary perspective. Further information as well as a livestream can be found here. Nottingham International Criminal Justice Conference : The field of international criminal justice is diverse and constantly evolving. International criminal justice continues to be viewed as...

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...

in three separate opinions, by five justices, on both sides of the Court’s usual philosophical divide.  Joined by Justice Alito, Justice Gorsuch addressed corporate liability at some length.  “Nowhere,” he wrote, does the text of the ATS “suggest that anything depends on whether the de­fendant happens to be a person or a corporation.” Reviewing the long history of tort suits against corporations, he summarized: “Causes of action in tort normally focus on wrongs and injuries, not who is responsible for them.” In a separate opinion, Justice Alito added that “if...

...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...

[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...

...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...

...girls during most, if not all, armed conflicts and authoritarian regimes throughout history. Despite the increase in international attention to the gender dimension of conflicts, attention to the rights violations affecting women have yet to be integrated into many transitional justice processes in practice. Spain is a clear example of this reality, though not only for gender-based crimes, since there has been a complete lack of implementation by the Spanish authorities of transitional justice measures that conform to international standards of truth, justice and reparation. Moreover, from a human rights...

...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...

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...