Search: Affective Justice: Book Symposium: A Response
20 Sep The 2024 Amendments to the International Health Regulations: A Commentary (Part II: Selected Substantive Amendments)
...that the 2005 definition of a PHEIC in Article 1(1) IHR as an ‘extraordinary event’ in one state which is determined to ‘(i) constitute a public health risk to other States through the international spread of disease’ and ‘(ii) to potentially require a coordinated international response’ has long been plagued by vagueness – are exacerbated by the amendments. No clear ‘severe’ or ‘life-threatening’ disease benchmarks have been included through the amendments in Article 1 IHR or the decision instrument in Annex 2 to be applied in accordance with the principles...17 Jan A Response to Ohlin about IHL and IHRL
The following is a guest-post by Gabor Rona, the International Legal Director of Human Rights First. It is a response to a post at LieberCode by Jens Ohlin, a Professor at Cornell Law School, that argues international human rights law (IHRL) does not apply in armed conflict, because it is displaced by international humanitarian law (IHL). Prof. Ohlin’s conclusion that IHRL doesn’t (and shouldn’t) apply in armed conflict cannot survive a more than superficial look at the lay of the legal and practical landscape. Essentially, his horse left the barn...
17 Dec The Minnesota Protocol Remains a Valuable Tool in the Global Fight against Impunity
victim representatives who play a key role in monitoring State responses to unlawful killings and in carrying out documentation when States fail to act. A unique feature of these trainings (compared to other trainings justice sector actors may receive on investigations) is that they begin by framing the discussion in international human rights law and standards, including the obligations of States and the rights of victims. Over the past three years, the Global Accountability Initiative and the ICJ’s Latin America regional program has focussed on accountability for serious human rights...31 Dec The NDAA: The Good, the Bad, and the Laws of War–Part II
...since “it is the firm position of the Obama Administration that suspected terrorists arrested inside the United States will—in keeping with long-standing tradition—be processed through our Article III courts, as they should be,” and that “when it comes to U.S. citizens involved in terrorist-related activity, whether they are captured overseas or at home, we will prosecute them in our criminal justice system.” As the President reiterated today, “my Administration will not authorize the indefinite military detention without trial of American citizens. Indeed, I believe that doing so would break with...
23 Nov The Revival of Criminal Prosecution of Francoism Crimes in Spain: A New Opportunity for Hope?
...with the Argentine courts. Both the societal and global response to the pacto del olvido and the lack of criminal proceedings encouraged the implementation of alternative transitional justice measures and the enactment of state and regional legislation advancing the principles of truth, reparations and accountability – among them, two national Memory Acts. The first one, the Historical Memory Act 52/2007 of 2007, made relevant progress by explicitly acknowledging the unjust nature of all convictions, sanctions and violence based on political, ideological, or religious grounds during the Civil War or the...
18 Jul Race, Gender and Apartheid in the Draft CAH Treaty: South Africa’s Role
political implications, including in the application of reparations. Reparations are formal efforts to redress grave injustices—such as slavery, genocide, apartheid, colonialism, or persecution—through material and symbolic means. Over time, the understanding of who qualifies as a legitimate victim often evolves as awareness is expanded through social movements’ political advocacy on behalf of those most affected. While genocide accountability for Palestinians may be temporally limited to recent acts, such as those committed since October 2023, apartheid accountability would acknowledge a longstanding, systemic injustice—opening pathways for reparative justice that affects tens of...
30 Jun The Early Stages of ICC Proceedings: Why the Court Must Ensure Access to Justice for Victims and Suspects (Part I: Victims and ICC Investigations: Rhetoric v. Reality)
evidence, and selects crimes, suspects, and charges. This is the first in a two-part post which considers the Court’s early stages of proceedings, first from the perspective of victims, and then from the perspective of defendants. We ask whether current approaches to the oversight of the ICC’s early stages are fit for purpose: both in terms of living up to rhetoric about victim-centred justice, and for safeguarding fundamental rights held by its defendants. Our analysis concludes that without clearer regulations, procedural safeguards, and meaningful access to justice, the Court risks...
23 Sep The RBG Legacy: Equality and Inspiration
her judgements and her dissents. In United States v. Virginia, 518 U.S. 515 (1996), Justice Ginsburg wrote the majority opinion, finding that the Virginia Military Institute’s (VMI) exclusion of women from its educational opportunities denied equal protection to women. Twenty years after VMI began admitting women, there were 63 female cadets in the 2017 intake. In one of her famous dissents, in Ledbetter v. Goodyear Tire & Rubber Co., 550 U.S. 618 (2007), Justice Ginsburg pointed out the problem with the existing time limit on women’s ability to make a...17 Jul MH17 Downing Suspects to be Prosecuted Before Dutch Domestic Courts – An Obstacle or an Advantage for International Justice?
[Dr. Aaron Matta is an expert in international law with working experience at International Courts. He also recently co-founded The Hague Council on Advancing International Justice , a network for and with practitioners, academics, and policymakers in the area of international justice. I would like to thank Dr. Philip Ambach and Anda Scarlat for their feedback on earlier drafts of this commentary.The views expressed here are of the authors alone] After nearly three years since the downing of the Malaysia Airlines MH17 flight, the countries comprising the Joint Investigation Team...
22 Jul The Gambia v. Myanmar – International Court of Justice Judgment on Preliminary Objections
The International Court of Justice has just read its judgment on preliminary objections in the Application of the Convention on the Prevention and Punishment of the Crime of Genocide (The Gambia v. Myanmar). This is a brief note based on the reading of the judgment, based on my twitter thread ‘live tweeting’ the judgment and does not delve into the details of the legal argumentation – it is meant to give a quick overview of the judgment of the court. The case was initiated by The Gambia in November 2019...