Search: Affective Justice: Book Symposium: A Response

...bottom-up approaches to address victims’ grievances. In the past few years, the Afghan civil society has adopted the language of “victim-centred justice” to avoid the negative connotations associated with the term “transitional justice” and move beyond the “peace v justice” narrative. The terms “victim-centred justice” allow for a broader interpretation of “justice” to include criminal justice and other mechanisms. Giving justice a broad definition is particularly important in a context such as Afghanistan where victimhood is highly complex. Afghans have been victimised under different regimes and suffered from a wide...

[Owiso Owiso is a Doctoral Researcher in Public International Law at the University of Luxembourg. This is the latest post in our symposium on Phil Clark’s book, Distant Justice: The Impact of the International Criminal Court on African Politics .] A distant ICC ‘orbiting in space’ as rogue regimes make merry This post makes a few observations on Phil Clark’s book Distant justice: The impact of the International Criminal Court on African politics. Clark provides compelling insight into the political intrigues of the so-called ‘self-referrals’ by the Democratic Republic of...

[SONG Tianying is a Research Fellow at the Centre for International Law Research and Policy] Confucius said: “One establishes oneself through rites and perfects oneself through music.” (The Analects · Book VIII: Tai Bo) International justice is established in terms of rites; Marina Aksenova’s Art, Aesthetics and International Justice seeks to improve it with aesthetic insights. It is a highly innovative approach which coincides with ancient Chinese wisdom. While the book discusses a wide range of international justice issues, this post focuses on its premium example: international criminal justice.  I...

violence has been fueled at least in part by the persistent impunity gap, with recent atrocities allegedly committed by many of the same actors implicated in past abuses. To be sure, victims’ access to justice also depends on capacity within the international justice system. There are more grave crimes than the system can address.  But the mobilization around Ukraine demonstrates that where there is a will, there is a way. The absence of similar responses to other situations not only deprives victims of access to justice, but also threatens its...

[Mark A. Drumbl is Class of 1975 Alumni Professor of Law and Director, Transnational Law Institute, Washington and Lee University.] Dear Christine, I really liked engaging with your fabulous book, Marketing Global Justice. It’s cleverly edgy and full of insights. You unwind international criminal justice as a transnational business venture. As with all commodity trading and product hawking, well, advertising is indeed key. I was reading your book at the same time as The Tender Barbarian, Bohumil Hrabal’s eulogy to his friend Vladimír. Those guys spent a lot of time...

communist-style political violence – structures that are nothing, if not intimidatingly grey. Never before have I seen an academic book engaging with greyness so vividly.  Embracing greyness extends to the authors’ scepticism toward transitional justice. Early on in the book, the authors reveal one of their core concerns with regard to transitional justice – the lack of the emotional quotient (EQ): …transitional justice would do well to recognize the full panoply of diverse emotional motivations of informers and their handlers in all of their hues. Such recognition would augment the...

for thinking about transitional justice. In considering some of the affinities and differences of their own experiences compared to those of other societies confronting legacies of injustice discussed in the book, activists and intellectuals could be triggered by Teitel’s analysis without being constrained by it. At a time when many international actors were brining to the Balkans policy templates and prescriptions that seemed to depoliticize the issues and foreclose critical discussion, Transitional Justice appeared to be doing the opposite. It was opening up space for debate and deliberation. Since these...

...epiphenomenal. In the process, she engages with insights and arguments from several disciplines and fields of law —from international law to constitutional theory, from political philosophy to historiography— not merely enriching the discussion, but rather demonstrating their importance for legal analysis, without sacrificing attention to legal detail. Repressive pasts and legal responses Teitel carefully identifies and explores a number of crucial legal mechanisms employed in transitional periods: criminal justice, historical justice, reparatory justice, administrative justice, and constitutional justice are each the focus of individual chapters. This analysis puts Teitel in...

the Women’s Court of the Former Yugoslavia, a feminist non-governmental tribunal held in Bosnia in 2015. Its participants had catalogued, in consultations, six failures of institutional legal justice: impunity, the gap between norms and application, inadequate witness protection, intimidation, the stigmatization of rape survivors, and derisory reparations (p. 266). The Women’s Court’s response to these failures was a model of people’s justice – “informal and non-state justice processes that aim to change existing social orders” (p. 267). Campbell’s insistence is that feminist justice requires changing the whole understanding of how...

[Mark Goodale is Professor of Cultural and Social Anthropology and Director of the Laboratory of Cultural and Social Anthropology (LACS) at the University of Lausanne and also Series Editor of Stanford Studies in Human Rights. This is the latest post in our symposium on Kamari Maxine Clarke’s book, Affective Justice: The International Criminal Court and the Pan-Africanist Pushback.] Kamari Maxine Clarke’s superb ethnographic and critical study of the place of the International Criminal Court (ICC) within African history and politics demands a fundamental reevaluation of the meaning of “justice” against...

until you realise that you might not just be running out of academic-time but also life-time. What a rude awakening from the manic scramble from one deadline to another! We all have one final dead-line I guess, and I am extremely thankful that I have been granted an extension. But I am already starting to ramble. Thank you so much for your careful and thought-provoking engagements with Marketing Global Justice. Filip, thank you for agreeing to engage with my book in this symposium at short notice; I am so glad...

[Thomas Obel Hansen is a senior lecturer in law and member of the Transitional Justice Institute (TJI) at Ulster University (UK). He is currently writing the book, Judging the Powerful in Global Accountability Regimes (forthcoming Routledge).] Building on arguments developed for a research article soon coming up with University of Pennsylvania Journal of International Law, this post explains why the dominant paradigm for engaging justice for atrocity – known as transitional justice (TJ) – is no longer fit for purpose and why we need to re-think justice frameworks. The main...