Search: Affective Justice: Book Symposium: A Response
08 Feb Why I Disagree with Marty Lederman About Prosecuting Waterboarders
...for me to tell anybody who relied, justifiably, on a Justice Department opinion that not only may they no longer rely on that Justice Department opinion, but that they will now be subject to criminal investigation for having done so. That would put in question not only that opinion, but also any other opinion from the Justice Department. Essentially, it would tell people: “You rely on a Justice Department opinion as part of a program, then you will be subject to criminal investigation when, as and if the tenure of...
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...
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...22 Feb Events and Announcements: 22 February 2026
...for Justice, Law and Society at University of East London, together with Legal Action Worldwide, present: International law symposium on Transnational Networks and Accountability. The symposium will take place at University of East London -University Square Stratford (USS), on Wednesday 4 March 2026 from 11:00am -13:30pm GMT. Often, lawyers view Non-Governmental Organisations (NGOs) in terms of their specific contribution to the dimensions of global justice, i.e., as advocates or partners in the field. Examining the legitimacy of global justice institution is incomplete unless we look at the broader context of...
14 May How did the Israeli Supreme Court Legitimise Starvation as a Weapon of War? An Autopsy of a Ruling (Part 1)
...On March 27, 2025, over a year after it had been submitted and over three weeks after Israel imposed a complete blockade on the Gaza Strip, three Supreme Court justices unanimously rejected the petition. Chief Justice Yitzhak Amit, who is associated with the Court’s liberal camp, authored the leading opinion, and deputy Chief Justice Noam Solberg and Justice David Mintz, both associated with the conservative camp, concurred and added a few observations. An autopsy of the ruling lays bare how the Court deployed three major strategies to legitimise Israel’s deprivation...
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...
19 Feb Justice for the Yazidis in the Ishaq Case by the Stockholm District Court – Part II
...well as national courts, including others that operate under the principle of universal jurisdiction. Such qualitative outcomes are the harvest of seeds which have been planted across the international criminal justice ecosystem and include: the dedication of curious and skilful prosecutors that do not shy away from looking across jurisdiction or collaborating with investigative mechanisms, such as IIIM-Syria and UNITAD (p.35-36). The consideration of the work of the Syria COI, Yazda and the International Federation for Human Rights (FIDH) and other European criminal justice authorities successfully facilitated through Eurojust contributed...
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....