Search: Affective Justice: Book Symposium: A Response
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...
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...
08 Apr ICC Prosecutor Symposium: The Chief Prosecutor: Diplomat, Politician, Leader, Manager, and Lawyer
...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...
06 Aug Wrong in 1993, Still Wrong in 2026: Al Otro Lado and Incompetence in the US Supreme Court
...and so will profit additionally from the vulnerabilities of the displaced (just the sort of business on which the present regime appears to thrive…). A further point of concern had also been noted by Justice Blackmun in Sale, and this is the argument that in immigration and refugee matters, “the President and not Congress has sole constitutional authority.” Justice Thomas, concurring, hinted at such, while Justice Sotomayor observed that the majority’s interpretation “vests limitless discretion in the executive to abandon its inspection and processing duties,” which will make it all...27 Mar Justice Stevens Almost Gets It Right
In the beginning of his concurrence in Medellin, Justice Stevens reads Article 94 not to require the Texas state courts to take steps to ensure that the U.S. complys with the ICJ judgment. I disagree with his interpretation of “undertakes to comply,” but he’s almost convinced me that it’s a close question, at least with respect to whether the treaty (plus the Supremacy Clause) imposes an obligation on the state court to entertain a habeas petition that state law would otherwise foreclose. In any event, and more to the point,...03 Dec Events and Announcements: 3 December 2023
...limited so register here to claim your spot! Decolonizing International Justice: Strategies Towards Structural Justice for Slavery and Colonial Crimes: On the occasion of the 22nd session of the Assembly of States Parties of the International Criminal Court, the Permanent Missions to the United Nations of the Republic of Sierra Leone, Mexico and Argentina, the Emergent Justice Collective, UN Women, Human Rights Watch, Justice Rapid Response, Promise Institute at UCLA Law and the Center for Justice and Accountability are pleased to invite you to this side event on 5 December...
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...25 Aug The Al-Mahdi Reparations Order at the ICC: A Step towards Justice for Victims of Crimes against Cultural Heritage
...undertaken emergency action in Mali by providing cultural heritage protection trainings to UN personnel but also to the Malian armed forces. An increase and strategic implementation of similar measures can contribute to the goals of instilling a sense of safety to the already traumatized victims and achieving sustainable justice. At the same time, the Court returned to concept of “deterrence” that it had employed in the Lubanga order, even though it had chosen to depart from this language entirely in the Katanga decision. More specifically, the Court in Lubanga had...