Search: Affective Justice: Book Symposium: A Response
18 Jun Guest Post: Exploring Legal Rationales for South Africa’s Failure to Arrest al-Bashir
arena would be to succumb to self-subversion, or worse, to surrender to the blackmail of perfection. It is better to bring some human rights abusers to justice than none at all: the best should not be the enemy of the good." The problem, of course, is that the belief that international criminal justice can make incremental headway in terms of reducing its selectivity is based on an article of faith, a faith which the history of international criminal justice to date would suggest is misplaced. Nonetheless, I imagine most would...
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...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....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....
12 Oct Reflecting with Practitioners: How is Latin America (Still and Again) Paving the Way for the Promotion of Accountability for Sexual Violence in Conflict Before National Courts?
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,...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...16 May Justice Kennedy: "The (Legal) World is Flat"
the other branches have rejected) to interpret the U.S. Constitution. This is new stuff, and I don’t think (based on his own use of it in Lawrence and Roper) that Justice Kennedy himself has come up with an explanation of why it is so important to cite international treaties when interpreting the Constitution. No justice has offered a particularly impressive defense of this practice (see discussion of Ginsburg here and Breyer here). It’s too bad that the Justice can’t do better than simply telling us that the “world is flat”....
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...
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...