Search: Affective Justice: Book Symposium: A Response

...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...

...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...

At International Criminal Law Bureau, Kirsty Sutherland calls attention to a surprise moment during the Taylor verdict that has received, to the best of my knowledge, absolutely no attention from the media: In an unexpected turn of events, as Justice Lussick (Presiding), Justice Doherty and Justice Sebutinde rose to leave the courtroom after delivering the verdict, Justice Sow addressed the Court: “The only moment where a Judge can express his opinion is during the deliberations or in the courtroom, and, pursuant to the Rules, when there are no serious deliberations,...

...the conduct alleged to have occurred in the United States was not relevant. The facts alleged in Cardona certainly seem sufficient to recognize a cause of action under the criteria set forth in Justice Breyer’s concurring opinion. Four Justices joined that opinion, and it takes only four votes to grant cert. If those Justices think the facts in Cardona are sufficiently egregious to persuade Justice Kennedy that an ATS cause of action against U.S. corporations should exist in at least some circumstances, they could well vote to hear the case....

...assessing individual criminal responsibility at the Court and raise questions about the implications thereof for international criminal justice. Collective crimes, individual responsibility International criminal justice is concerned with the ‘most serious’ crimes and with the ‘most responsible’ individuals that stand behind those crimes. The Nuremberg tribunal was established to try the ‘major war criminals’ of the European Axis. Similarly, the International Criminal Tribunal for the Former Yugoslavia (ICTY)’s completion strategy envisioned that ‘the most senior leaders suspected of being most responsible’ for the crimes in the Former Yugoslavia would be...

...in a peace settlement that will ultimately save lives requires ceding painful concessions to that villain’s power, especially when the concession is justice. And, yet, we know that true peace is never really achieved without justice.  It is possible that meaningful justice is not found in the actual legal judgements of tribunals, anyway, but the many social processes and political institutions that courts create a space for in the aftermaths of atrocities. And, for that matter, any sense of justice that victims and survivors gain from tribunals usually does not have much to do...

where regressive measures on environmental and climate issues are proliferating. Furthermore, by linking the fight against poverty and inequality with sustainability (para. 375), the Court places the interdependence between social justice and environmental justice at the center of the debate, a relationship that States often try to separate within their agendas. Thus, the standard set in this ruling requires a rethinking of public policy frameworks from a holistic perspective, in which backsliding on sustainability simultaneously implies a violation of the right to a healthy environment (para. 376). Critical Perspectives on...

...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...

In past decades, Latin American countries witnessed violent conflict and serious human rights abuses at the hands of state and non-state actors. In these contexts, conflict-related sexual violence was widespread, perpetrated in order to advance military goals and as a tactic of repression against political opponents and communities. But as the region has grappled with the past through efforts toward justice and accountability, there have been positive legal developments that warrant attention and should inform policy, judicial, and programmatic responses elsewhere. Taking stock of these developments, four leading experts––Daniela Kravetz,...

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...

...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...

...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...