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...
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 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 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...
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...22 Aug When Is a Judicial Decision an Abuse of Power?
...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...
01 Oct Prosecuting Putin: Creation of a Special Tribunal for Russian Aggression
...infrastructure, and cultural property. Russian troops have committed torture, wilful killing, rape, and sexual violence against Ukrainian civilians and prisoners of war. Russia has forcibly transferred Ukrainian children to Russia, in direct violation of Article 2e of the Genocide Convention. Ukraine is fighting a defensive war against aggression combined with Russian genocide. The Kremlin’s stated intent has been to destroy the Ukrainian nation and ethnicity. In response to Russia’s crimes, Ukrainian President Volodymyr Zelensky outlined a proposal for peace on October 11, 2022. He highlighted the need to promote justice...