Search: Affective Justice: Book Symposium: A Response
16 Feb On Being Disappointed at Judge Julia Sebutinde’s Dissent
...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...
15 Sep Transitional Justice Symposium: Reflections on the Transitional Moment
[ Martin Böhmer is a Professor of Law at the University of Palermo.] Jacob and the angel wrestling and tying. The intriguing cover of Teitel’s book sets the tone. An extraordinary moment of struggle between two who are bound together (tied, that is) but who cannot trust each other. In Bo Burt’s reading God wants His people to love and worship Him, Jacob (like his father and grandfather) wants Him to fulfill His promise. The tie produces unescapable dialogue. Transitional Justice (TJ) analyzes such moments, the moments were antagonists find...02 Jul Justice O’Connor: A Moderate on Internationalism as Well
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,...27 Jun An African Backlash Against International Criminal Justice?
example, is facing prosecution through the African Union, a move which has had enthusiastic support from African human-rights advocates. Obviously, these are very difficult issues. My co-author Jide Nzelibe and I have discussed the costs of international criminal justice in Africa at length here in this forthcoming article in the Washington University Law Review, but we both would agree that there are no easy answers here. Hopefully, what is emerging in Africa should remind supporters of international criminal justice that there are downsides as well as upsides to these processes....
21 Jul Duterte’s Arrest, the ICC, and the Politics of Accountability
...moral universe is long, but it bends toward justice What This Means for International Justice Duterte’s arrest represents a rare victory for the ICC, but it also highlights the fragility of international justice. The court relies on a delicate balance of legal authority and political will. The system worked in this case, but it did so not because of the ICC’s inherent strength but because the Philippine government saw an advantage in cooperating. At the same time, the prolonged delay, and effective failure, in prosecuting Duterte within the Philippine judiciary...18 Oct Philippine withdrawal from the International Criminal Court: “Much ado about nothing” at the Philippine Supreme Court? (Part II)
...hearings, that indicated anxieties about the prospects of international justice, as well as Asia-Pacific neighbourhood regional dynamics. In the Petitioners hearings, while seemingly at a tangent, the court veered into the realm of realpolitik – asking whether the Philippines would get “justice at the United Nations”, and whether the U.S., China and Russia were parties to the Rome Statute. However, this is not irrelevant as it reflects real anxieties of the “imperialist” nature of the ICC and its impact on sovereignty – echoed increasingly forcefully across multiple jurisdictions in the...
28 Jan Centering Survivors: The Imperative for Inclusive Justice in Crimes Against Humanity Treaty Negotiations
...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...01 Mar “Future Perspectives on International Criminal Justice” Published
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....
19 Mar What Lessons Can We Learn from the Prosecutor’s Election? Part I
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,...