Search: Affective Justice: Book Symposium: A Response
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...
26 May Symposium on Advancing Effective and Comprehensive Reparation for Victims of the War in Ukraine: Towards Effective and Comprehensive Reparations in Ukraine – A Survivor-Led Perspective from The Gambia
[Sirra Ndow is Country Director of ANEKED (The Gambia). ANEKED is a victim/survivor-led organisation advancing transitional justice, reparations, and human rights advocacy through survivor-centred initiatives, and contributes to global narratives on reparative justice from a survivor perspective] Too often, reparations processes focus on compensation, prosecutions, and institutional reforms while neglecting the lived experiences, dignity, and recognition of victims. In doing so, they risk reproducing a textbook model of justice: solid on paper, but hollow in substance. As efforts to operationalise reparations for victims of Russia’s aggression against Ukraine begin to take shape,...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...
18 Jul Race, Gender and Apartheid in the Draft CAH Treaty: South Africa’s Role
reparations. Reparations are formal efforts to redress grave injustices—such as slavery, genocide, apartheid, colonialism, or persecution—through material and symbolic means. Over time, the understanding of who qualifies as a legitimate victim often evolves as awareness is expanded through social movements’ political advocacy on behalf of those most affected. While genocide accountability for Palestinians may be temporally limited to recent acts, such as those committed since October 2023, apartheid accountability would acknowledge a longstanding, systemic injustice—opening pathways for reparative justice that affects tens of thousands more victims. It would also inform...
16 Feb On Being Disappointed at Judge Julia Sebutinde’s Dissent
...and of global affairs more broadly is both essentialist and double standard-y. However, feminist hope is (fortunately) stubborn. Just because the panaceas of liberal international justice might fall short, this does not mean we lack inspiration and opportunities for crafting other (more solidarious) ways of doing justice. As explored by others before me, these more solidarious ways can take the form of centring the process of doing international justice on active listening and on valuing the experience of those most affected by structural violence and injustices worldwide (such as people’s...
10 Aug Doing Justice to History Symposium: Judicializing History in Jenin? Reflections on the Possibilities of Imagining Palestine Otherwise at the ICC
...suggest here that reading these two episodes in Jenin through Barrie Sander’s book, Doing Justice to History, offers a productive way to think through the historical possibilities of (criminal) judgment on Palestine at the ICC. What role has history played thus far in framing the ICC’s (highly limited and limiting jurisdictional) approach? What type of history could we expect to be written in any future judgment and how might this serve as a way to heal the wrongs of the past? In this short reflection, I consider some key points...