Search: Affective Justice: Book Symposium: A Response

[Anna Hankings-Evans is a German-Ghanaian attorney with focus on foreign investments into Sub-Saharan Africa.] It was a pleasure reading Andreas Buser’s book on the development and potential transformation of International Economic Law through the engagement of Emerging Powers. The book carefully weighs the perspectives of powerful and less powerful States to dissect and challenge what has been conventionally understood as the truth. Power is indeed a factor significantly shaping International Law. Yet, it has rarely gained prominence in academic literature beyond its alleged dichotomy and the disruptive and revolutionary conceptualization...

...and of global affairs more broadly is both essentialist and double standard-y. However, feminist hope is (fortunately) stubborn. Just because the panaceas of liberal international justice might fall short, this does not mean we lack inspiration and opportunities for crafting other (more solidarious) ways of doing justice. As explored by others before me, these more solidarious ways can take the form of centring the process of doing international justice on active listening and on valuing the experience of those most affected by structural violence and injustices worldwide (such as people’s...

...vulnerable groups who depend on nonjudicial governmental actors for full protection against injustice’ [I should note here that Sager understands constitutional justice as ‘far from exhaustive of all political justice’]. In short, under-enforcement amounts to a circumscription of judicial activity best characterized as ‘secondary action by the Court, action in service of the efforts of the nonjudicial actors to realize constitutional justice.' Again, while Sager is outlining a prescriptive model for us, I believe that in fact the Court has largely conformed to this model. When it has not, it...

...to avert from the law. Post Gaza, the law’s impartiality and its blindness in the pursuit of justice remain on paper only. In Amarata Sen’s understanding of justice, he argues that professing for ideal justice is limited and exclusionary as it fails to address the everyday injustices faced by people, which hinder the application of the law universally. When discussing the application of international rules and laws the Global South has learnt, through experience, that the social, political and systematic realities of people is the context in which the law...

52-53, 63, 173, and 183), not commissioned by the Assembly of States Parties, then resounded on deaf ears. The veil of silence around these issues was yet further penetrated through the Twitter campaign conducted by Women’s Initiatives for Gender Justice and Atlas, “Why I didn’t report”, which ran from 11 to 22 January 2021. During that campaign anonymous women from anonymous organizations engaged in the field of international criminal justice explained why they didn’t report allegations of misconduct against presumably more senior officials in the work place. These anonymous disclosures,...

of humanitarian law – Antonio Cassese and the creation of the customary law of non-international armed conflict Tamás Hoffmann; 5. The international criminal legal process: towards a realistic model of international criminal law in action Christoph Burchard. Part II. Theorizing International Criminal Justice: 6. The two liberalisms of international criminal law Darryl Robinson; 7. International criminal law at the crossroads: from ad hoc imposition to a treaty-based universal system Kai Ambos; 8. In search of the ‘vertical’: towards an institutional theory of international criminal justice’s core Frédéric Mégret. Part III....

...need compensation, resources, and sustained support so we are not forced to live in constant fear and anxiety. Most importantly, we need to be centered in the design and implementation of justice and accountability for ourselves and our communities. Often, people speak of us when they talk about justice, but we are agents, not objects. We can speak for ourselves, and that’s why our presence and meaningful participation are essential to the legitimacy of such processes. We, civil society participants—including survivor groups, activists, lawyers, academics, and practitioners—ground legal processes, such...

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...

[Jennifer Keene-McCann is Fellow, Research and Policy at the Asia Justice Coalition and is based in Melbourne/Naarm, Australia.] As international lawyers we have many tools at our disposal to assist survivors of international crimes in a way that is meaningful and reflective of their experience. Consider the atrocities against the Rohingya. Four years on from the latest iteration of violence, there has been tremendous movement in the international community using the legal avenues available. In these four years, there has been: an international fact-finding mission (‘IFFM’) (actually established in March...

I have very little to add to the zillions of articles and blog posts about the retirement of Justice Sandra Day O’Connor and her likely successor. I did want to point out, though, that Justice O’Connor was (not surprisingly) a moderate in the Court’s recent embrace of foreign and international law. Justice O’Connor appears to see some useful analogies to the relationship between state and federal courts. As she writes in an article entitled “Federalism of Free Nations,” As our country moves toward a more international regime of dispute resolution,...

...undertaken emergency action in Mali by providing cultural heritage protection trainings to UN personnel but also to the Malian armed forces. An increase and strategic implementation of similar measures can contribute to the goals of instilling a sense of safety to the already traumatized victims and achieving sustainable justice. At the same time, the Court returned to concept of “deterrence” that it had employed in the Lubanga order, even though it had chosen to depart from this language entirely in the Katanga decision. More specifically, the Court in Lubanga had...

...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...