Search: Affective Justice: Book Symposium: A Response
07 Feb Symposium on Fairness, Equality, and Diversity in Open Source Investigations: The Case To (Re)new Community of Practice for the Open Source Investigative Field
perpetrators across the globe, a wealth of previously elusive information has opened up to bolster justice and truth-telling efforts, in turn spurring the growth of the open source investigative field over the last decade. However, the existing community of practice in this field is non-functioning. The status quo is for outsider researchers to form an echo chamber, mirroring, contributing to, and entrenching harms already thriving in the documentation-to-justice pipeline. Instead, how do we take good intention and turn it into truly good practice? The issues discussed below demonstrate flawed approaches...03 Dec Events and Announcements: 3 December 2023
...limited so register here to claim your spot! Decolonizing International Justice: Strategies Towards Structural Justice for Slavery and Colonial Crimes: On the occasion of the 22nd session of the Assembly of States Parties of the International Criminal Court, the Permanent Missions to the United Nations of the Republic of Sierra Leone, Mexico and Argentina, the Emergent Justice Collective, UN Women, Human Rights Watch, Justice Rapid Response, Promise Institute at UCLA Law and the Center for Justice and Accountability are pleased to invite you to this side event on 5 December...
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...
19 Jul Options for a Peace Settlement for Ukraine: Option Paper XI – Reconciliation
...and perpetuate a conflict-oriented cultural and historical narrative. However, such provisions can be implemented effectively only if the parties are willing to comply in good faith. 3. Justice processes A peace agreement could also provide for transitional justice processes, which are meant to promote reconciliation through pursuit of truth and accountability for the conflict and its harms. Transitional justice institutions can take many forms and serve many purposes, and this paper will not fully address this issue but will examine it only through the lens of reconciliation. This section briefly...04 Nov Complementarity in Crisis: Uganda, Alternative Justice, and the International Criminal Court
with broad policy discretion to approve or disapprove domestic transitional justice policies without the assistance of meaningful legal standards, then justifying the ICC becomes a more difficult proposition. My Article takes up this problem through a focused analysis of the ICC’s response to the Ugandan peace process. My three principal claims are as follows: first, the Rome Statute does not, in fact, provide meaningful guidance to the Court as it navigates the particular dilemmas of transitional justice in Uganda. Second, the development of ex ante guidelines to cabin prosecutorial discretion-a...
15 Mar Why Creating a Special Tribunal for Aggression Against Ukraine is the Best Available Option: A Reply to Kevin Jon Heller and Other Critics
...current events, especially when compared to the amount currently being spent to arm Ukraine and to put financial pressure on Russia, then something about our priorities is very wrong indeed. The principal criticism of the ad hoc proposal is that it would represent an egregious example of selective justice, which would undermine the international criminal justice project. This argument has several variations: that past crimes of aggression have gone unpunished; that in the future others will remain beyond the reach of the law; that it is unnecessary to establish a...
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...
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...
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...