Search: Affective Justice: Book Symposium: A Response
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...
28 Jul Nicaragua: Can International Law Break the Cycle of Impunity?
in Nicaragua. International Justice Options Available to Nicaragua In light of the deteriorating situation, it is essential to consider legal avenues that could allow international accountability for crimes committed in Nicaragua. Article 41 of the Articles on State Responsibility for Internationally Wrongful Acts provides a foundation for states to cooperate in ending serious breaches of peremptory norms, and several mechanisms under international law may offer viable paths to justice. A. International Court of Justice (ICJ) The ICJ could serve as a forum for adjudicating Nicaragua’s state responsibility for breaches of...
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 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...
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...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...
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...
21 Jan Farewell to Frank Dutton – Justice Warrior and Truth Seeker.
On 19 January 2022, the legendary investigator and justice warrior Frank Kennan Dutton passed away at the age of 72. I was introduced to Frank by Howard Varney while we were all working on seeking justice for anti-apartheid activist Nokuthula Simelane who was tortured and murdered by apartheid era police. Naturally, Frank’s reputation preceded him and I had heard awe-inspiring things about him but I was immediately struck by his humility, kindness and truly down to earth nature. Frank had a wonderful ability to graciously dispense his wisdom whilst affirming and...02 Aug Justice Alito Teaches the War Powers Clause
While we are on the subject of Michael Ramsey’s book, I thought I would note that Justice Samuel Alito is currently teaching at Pepperdine Law School a two-week seminar from July 30 to August 10 on the War Powers Clause. The public announcement about the course is available here. According to the announcement, “Justice Alito indicated that the question of war and peace is fraught with difficulty, and it was not his intention to state a definitive view. Instead, he encouraged the students to remain open to competing considerations. Professor...