Search: Affective Justice: Book Symposium: A Response
03 Feb International Economic Law Symposium: Andreas Buser’s “Emerging Powers, Global Justice and International Economic Law”
[Anna Hankings-Evans is a German-Ghanaian attorney with focus on foreign investments into Sub-Saharan Africa.] It was a pleasure reading Andreas Buser’s book on the development and potential transformation of International Economic Law through the engagement of Emerging Powers. The book carefully weighs the perspectives of powerful and less powerful States to dissect and challenge what has been conventionally understood as the truth. Power is indeed a factor significantly shaping International Law. Yet, it has rarely gained prominence in academic literature beyond its alleged dichotomy and the disruptive and revolutionary conceptualization...
07 Feb Symposium on Fairness, Equality, and Diversity in Open Source Investigations: The Case To (Re)new Community of Practice for the Open Source Investigative Field
perpetrators across the globe, a wealth of previously elusive information has opened up to bolster justice and truth-telling efforts, in turn spurring the growth of the open source investigative field over the last decade. However, the existing community of practice in this field is non-functioning. The status quo is for outsider researchers to form an echo chamber, mirroring, contributing to, and entrenching harms already thriving in the documentation-to-justice pipeline. Instead, how do we take good intention and turn it into truly good practice? The issues discussed below demonstrate flawed approaches...
21 Apr Is Russia Committing Genocide in Ukraine?
...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...14 Jan Global Military Justice Reform
Justice head Gene Fidell on military justice systems worldwide. Here’s a description: Developments in the field of military justice have been coming at an extraordinary pace for the last several years, both in the United States and around the world. Some of these developments have been wise, some have not. In some respects, there has been remarkable resistance to change. The purpose of this blog will be to identify and comment on developments in the reform of military justice from a national and global perspective. Welcome to the blogosphere GMJR!...
22 Jul The Gambia v. Myanmar – International Court of Justice Judgment on Preliminary Objections
The International Court of Justice has just read its judgment on preliminary objections in the Application of the Convention on the Prevention and Punishment of the Crime of Genocide (The Gambia v. Myanmar). This is a brief note based on the reading of the judgment, based on my twitter thread ‘live tweeting’ the judgment and does not delve into the details of the legal argumentation – it is meant to give a quick overview of the judgment of the court. The case was initiated by The Gambia in November 2019...
09 Feb Guilty on 61 Counts – What the Ongwen Verdict Indicates about the Limitations of Individual Criminal Responsibility for Mass Atrocities
...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...
03 Oct Symposium on Advisory Opinion AO-32/25 on the Climate Emergency and Human Rights: The Right to a Healthy Environment and State Obligations in Times of Climate Emergency
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...13 Apr Guest Post: Is the Alien Tort Statute Headed Back to the Supreme Court?
...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....26 Apr One “Dissent” in the Taylor Case
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,...