Search: Affective Justice: Book Symposium: A Response
27 Aug Rohingya Symposium: The UN Security Council, the Rohingya Genocide and the Future of International Justice
...take Myanmar to the International Court of Justice (ICJ) for breaching the Genocide Convention. The public announcement of this historic case was made by Gambia’s Justice Minister, Abubacarr Tambadou, at an event co-hosted by Bangladesh and the Global Centre for the Responsibility to Protect on the margins of the UN General Assembly. When the case commenced at the ICJ in December 2019, The Gambia immediately submitted a request for the Court to issue provisional measures in order to protect the Rohingya people and secure evidence of the crimes that had...
24 Jun Options for a Peace Settlement in Ukraine: Options Paper VIII – Sanctions in the Ukraine–Russian War: Proposed Solutions for the Peace Process and War Crimes Prosecutions
...unlikely to be forfeited in conjunction with criminal proceedings and creating a temporary cash flow to provide immediate relief and rebuilding of the most necessary structures. The Role of the ICC in the Peace Settlement Proposal As sanctions are being imposed amidst the commencement of investigations and prosecutions before domestic courts and the ICC, the interplay and cooperation between sanctions, asset recovery, and international criminal justice is crucial to an effective peace settlement and post-conflict justice to ensure funds are available for reparations to victims. Thus, the operation of sanctions...18 Oct Philippine withdrawal from the International Criminal Court: “Much ado about nothing” at the Philippine Supreme Court? (Part II)
...hearings, that indicated anxieties about the prospects of international justice, as well as Asia-Pacific neighbourhood regional dynamics. In the Petitioners hearings, while seemingly at a tangent, the court veered into the realm of realpolitik – asking whether the Philippines would get “justice at the United Nations”, and whether the U.S., China and Russia were parties to the Rome Statute. However, this is not irrelevant as it reflects real anxieties of the “imperialist” nature of the ICC and its impact on sovereignty – echoed increasingly forcefully across multiple jurisdictions in the...
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...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...
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...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!...
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,...