Search: Affective Justice: Book Symposium: A Response

a lengthier reply.  Dr. McDougall acknowledges that the book “makes a compelling case for why the veto should not be used in the face of unfolding mass atrocities,” while not always agreeing with the reasoning in Chapter 4 of the book.   Some of Dr. McDougall’s statements may be based on misinterpretations of what is in the book and therefore simply warrant correction:  (a) the book is not aimed at “Council actions aimed at responding to armed violence around the globe”; rather, it examines Council actions (or inaction) when there...

and backed by many experts, institutions, and governments, and supported by a wide range of domestic and international actors, can create the necessary impetus and synergies to ensure a more representative international justice system.  The excellent contributions made during this symposium highlight five areas where the AC Report can help catalyze change in the gender composition of international justice: information, networks, pledges, legal standards, and institutional changes.  Information, knowledge, and debate Shattering the glass ceiling requires more timely information, analysis, and targeted discussions around gender representation in international bodies, both...

[ Alexandra Lily Kather  (she/they) is a lawyer, international justice practitioner & co-founder of the Emergent Justice Collective (EJC). Their work focuses, inter alia, on strategically addressing the intersectional dimensions of core international crimes. Angela Mudukuti  is a member of Opinio Juris and a human rights lawyer specialised in international criminal law. She has worked with a variety of international organsisations including the International Criminal Court and Human Rights Watch.] On 4 February 2021, the International Criminal Court (ICC)’s Trial Chamber IX found Dominic Ongwen, a former commander in the Lord Resistance...

trauma from their experiences.  The Ongwen decision and the efforts at justice and reparations for those most affected is deeply intricate and complex, largely due to the widespread and severe nature of the atrocities, the diverse needs of survivors, the interaction between national and international accountability processes, and the sluggish advancement in translating transitional justice policy objectives into concrete legislation.  The reparations decision and ongoing debates on advancing the transitional justice process in Uganda have brought interesting yet complex issues to the fore, not all of which can be resolved...

institutions rather than systemic change in the institutional set up and mindset, especially in leadership. Suggesting these same museums as spaces of transitional justice therefore holds the danger to perpetuate that situation and obscure pervading asymmetric relationships stemming from the colonial encounter and structures of coloniality. Moreover, it unfairly adds to these institutions the label of justice and legitimacy that comes with acting as a transitional justice mechanism. Reading this book offered a range of impressions: from confirming some intuitions based on one’s own practical work on legal grounds for...

to the author: states (mostly African states) that have so far engaged with the ICC did so not for the purpose of promoting justice for crimes under the court’s jurisdiction, but to advance their political and security interests. Interestingly, Oumar Bâ claims that the book’s findings and conclusions are ‘generalizable and useful to examine the behavior of other states in and outside of the African continent’ (p.39), which raises the following question: what does ‘States of justice’ tell us about future interactions with the proposed African Court of Justice and...

case, the European Court has consistently held that the European Convention is a living instrument which must be interpreted in the light of present day conditions (the same approach that Justice Scalia sincerely wished would die in the US context). Finally, the European Court’s use of contextual balancing and proportionality tests in almost every situation is also contrary to Justice Scalia’s rather more categorical jurisprudence. These fundamental methodological differences aside, however, Justice Scalia would probably be surprised that the substantive results that he prefers in the US context are those...

his and John Yoo’s provocative new book, Taming Globalization, so expect to hear a lot at OJ about themes in our books (we have, btw, covertly set up an algorithm in which the more OJ readers buy our books, the less we will talk about them!). To start with, however, I wanted to go to a very different topic – this one about publishing, choosing a publisher, and why I chose the Hoover Institution Press. This follows on some excellent guest posts by senior academic press editors in the past...

Clarke formulates the concept of affective justice—an emotional response to competing interpretations of justice—to trace how affect becomes manifest in judicial practices. By detailing the effects of the ICC’s all-African indictments, she outlines how affective responses to these call into question the “objectivity” of the ICC’s mission to protect those victimized by violence and prosecute perpetrators of those crimes. In analyzing the effects of such cases, Clarke provides a fuller theorization of how people articulate what justice is and the mechanisms through which they do so. We look forward to...

In the book, I argue that it would be valuable to develop a set of principles of cultural relational justice. I have grouped them under four overarching themes: Access to history and culture (Principle 1: Transparency of collections and object histories, Principle 2: Object accessibility),  Accountability (Principle 3: Seeking new forms of consent, Principle 4: Pluralistic access to justice, Principle 5: Recognition of injustice, Principle 6: Social repair, Principle 7: Plurality of pathways to achieve just and fair solutions, Principle 8: Collaboration, Principle 9: Meaningful redress for wrongful action), Memorialization...

proceedings due to the “justice delay” after mass atrocity. Judicial proceedings, either locally or globally, often take place decades after the events themselves. In their absence, victim groups may gather together to share and interpret events that are common to the group, thereby forming collective memory. As I highlighted in my response to Professor Roht-Arriaza, this justice lag creates unique challenges when justice and collective eventually collide. Response to Johan van der Vyver Professor van der Vyver raises a question that I have yet to fully resolve and hope to...

[Filip Strandberg Hassellind is a doctoral candidate in International Law at the University of Gothenburg, Sweden.] In Marketing Global Justice: The Political Economy of International Criminal Law, Christine Schwöbel-Patel argues that “a global elite benefit from marketized global justice whilst those who tend to be the ‘faces’ of global injustice – particularly victims of conflict – are instrumentalized and ultimately commodified” [p. i]. The book directs the searchlight at efforts to “sell” global justice and international criminal law – looking at how such endeavors get named, by whom, and with...