Search: Affective Justice: Book Symposium: A Response

...the purpose of the Rome Statute will not be reached, and victims will never obtain justice. The Prosecutor rightly does not want to take more than he can chew. Playing an active role as a complementary playmaker, pushing the national jurisdictions hard to effectively investigate and prosecute crimes against humanity, will make his efforts much more effective. More justice can be brought by less average effort per case. The OTP “will chew more”. And finally, that should be the ambition. It is anyhow the ambition Dr. Quackelbeen and myself share....

[Pamela Angwech is the Executive Director of Gulu Women Economic Justice and Globalisation in Gulu, Northern Uganda. She has received numerous awards for her work on human rights and gender justice for victims of the affected communities including the 2017 European Union Human Rights Defender Award.] As a grassroots activist and human rights defender in Northern Uganda, who has worked for more than a decade on transitional justice and with women survivors of the LRA war through my organization, Gulu Women Economic Development and Globalisation (GWED-G), I have seen first-hand...

Cross-posted at Balkinization Ok, the headline is a bit misleading. It’s only two justices – Scalia and Thomas – who, in dissenting from a denial of certiorari by the Supreme Court this week, argued that the Court should settle once and for all whether detainees can invoke the Geneva Conventions in federal court. Lyle Denniston, as usual, reports the dissent-from-denial here, and he includes a link to Justice Thomas’ 15-page opinion, which is itself well worth a read. Heck of an opinion. In essence, Justice Thomas (joined by Justice Scalia)...

emerges in the light of day – between apartheid/colonialism and a democratic “State of all its citizens” – a struggle for justice will not only begin, but will have a reasonable chance of success. Even beyond the concerns I outlined in Part One, I have doubts about the wisdom and justice of this gamble, particularly in the current international context. I note that the extent to which the FTL position resonates with the people in the region is highly speculative. While support for a two-state solution may be declining among...

...value of safeguarding substantive principles of justice.  However, critics argue that it falls short in embracing the procedural theories of justice that are inherent in democratic deliberation and republicanism. Some critics even question whether liberalism can truly prioritize justice as the “first virtue of social institutions,” arguing that justice is only necessary when the higher virtue of community has broken down. Moreover, liberalism may underestimate and undermine the significance of community as an essential element of the good life for human beings. By assuming a specific conception of the self,...

I will be participating in a roundtable about Syria and international justice next Monday night at the LSE. It’s free and open to the public, so I hope at least a few OJ readers will come. You can also send questions to the following hashtag: #LSESyriaICC. We will try to answer at least a few of them! Here are the event details: Syria and International Justice LSE Centre for International Studies Dialogue 30 June 2014 6.30-8pm at LSE Thai Theatre New Academic Building With a draft Security Council resolution to...

After about two months of public statements threatening to take the U.S. to the International Court of Justice over frozen Iranian assets, Iran finally instituted ICJ proceedings yesterday under the 1955 U.S.-Iran Treaty of Amity, Economic Relations, and Consular Rights. Iran alleges in its complaint that the U.S. has violated the treaty’s obligations by taking Iranian government assets and redistributing them to families of U.S. marines killed in the 1983 Beirut bombing. In April, the U.S. Supreme Court upheld the constitutionality of a 2012 congressional statute authorizing the seizure of...

already serving his 11th year of jail-time. Moreover, since Peru never needed a peace agreement, but rather defeated the Shining Path through military means, there are genuine concerns that the Court’s findings may end up producing a system where it is more convenient to settle wars than to actually win them. In other words, if the Court is willing to balance peace and justice, it should take a concrete stance on whether health and justice can be balanced in a similar fashion. And at least from the Court’s own jurisprudence,...

...Israel, Office of the Attorney General, The International Criminal Court’s Lack of Jurisdiction over the So-Called “Situation in Palestine” §49 (Dec. 20, 2019). [2] For instance, concerning the legality of the West Bank Wall/Security Barrier, Israel claimed –indirectly before the International Court of Justice and directly in its own Supreme Court – that the route of the Wall is strictly based on security considerations, and is not designed to determine borders. Indeed, as ruled by the Israeli Supreme Court, sitting as the High Court of Justice, “the military commander is...

in my forthcoming book Is International Law International? (OUP, 2017) where international textbooks from around the world look to US case law while US international law textbooks look to … US case law. But on a normative level, I find this statement troubling. Why look at the experience of other states? For me the answer is simple: because you might learn something. You don’t have to be bound by what you find, but it might be instructive given that other states have often faced similar issues and the United States...

...justice” that way, we’ll still be rendering it another 3 years from now (the next time folks take a good look at the Commander in Chief). On the other side, proponents of criminal trials have done a nice job of highlighting the many factual – and common sensical – deficiencies in the Republican case. See, e.g., here. They’re getting great at rapid response. But they’ve not mounted much (or any) of a sustained counteroffensive in the political messaging game. In part, one might argue, that’s not the job of advocacy...

...requesting arrest warrants for Velásquez and Camargo in connection with their alleged involvement in the transnational Odebrecht corruption case during their time at CICIG. International Reaction to the Warrant The issuance of these warrants presents a valuable case study in the scope and application of immunities afforded to international officials. The Colombian government has rejected Guatemala’s request. According to the Ministry of Foreign Affairs the represents “Worrying manipulation of international judicial mechanisms, contrary to the spirit of legality, cooperation, and justice that should prevail in relations between states”, and as...