Search: Affective Justice: Book Symposium: A Response
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...
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...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....
09 May Why Does the United States Continue to Oppose International Courts?
pursuit of criminal responsibility and accountability. This is particularly instrumental in conflict-torn societies, whose rebuilding and stabilization efforts rest on political reconciliation through an apolitical execution of justice. These lofty ambitions vested in the ICC are the natural extension of the liberal notion of justice, which the United States’ own eminently rich constitutional tradition has historically upheld. Yet, the ICC’s limited jurisdiction presents an enormous challenge to international justice and is typically delimited by: (i) States accession to treaties; (ii) the UN Security Council’s political alignments, configurations, and the power...
08 Apr ICC Prosecutor Symposium: The Chief Prosecutor: Diplomat, Politician, Leader, Manager, and Lawyer
...the byzantine administrative and personnel rules that is so much of the UN management system did not apply to us. The UN is simply incapable of administering international justice in an effective and efficient manner. Because the Special Court was not tied to these archaic management principles we were able to move fast, with less cost, with a lean dedicated team of people not focused on a UN career (where initiative can be frowned on) but on seeking justice for victims of international crimes. Alas, the International Criminal Court has...17 Jul MH17 Downing Suspects to be Prosecuted Before Dutch Domestic Courts – An Obstacle or an Advantage for International Justice?
[Dr. Aaron Matta is an expert in international law with working experience at International Courts. He also recently co-founded The Hague Council on Advancing International Justice , a network for and with practitioners, academics, and policymakers in the area of international justice. I would like to thank Dr. Philip Ambach and Anda Scarlat for their feedback on earlier drafts of this commentary.The views expressed here are of the authors alone] After nearly three years since the downing of the Malaysia Airlines MH17 flight, the countries comprising the Joint Investigation Team...
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...03 Dec Events and Announcements: 3 December 2023
...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...25 Aug The Al-Mahdi Reparations Order at the ICC: A Step towards Justice for Victims of Crimes against Cultural Heritage
...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...
24 Jul Does the Law have a Place in a World of Buried Bodies?
...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...