Search: Affective Justice: Book Symposium: A Response
02 Jul The Use of Benchmarks in the Colombia Situation: An Opportunity for a Victim-Oriented Approach to ICC Complementarity
...Peace and victims’ rights The formal peace agreement, signed between the Colombian government and the Revolutionary Armed Forces of Colombia-People’s Army (FARC-EP) in November 2016, created, among other transitional justice mechanisms, the Special Jurisdiction for Peace. In accordance with its mandate, the SJP is to investigate, prosecute and punish those responsible for the most serious human rights violations committed during Colombia’s armed conflict. In line with its restorative character, in exchange for contributing to the truth, which should be ‘’exhaustive, complete and detailed’’, those who appear before the SJP can...28 Aug Guest Post: Malaysia Airlines Flight MH17–Possible Legal Avenues for Redress (Part 2)
[ Dr Aaron Matta is a Senior Researcher at The Hague Institute for Global Justice , Rule of Law Program. Anda Scarlat is a Summer Fellow with the Rule of Law Program at the Institute.With many thanks to Dr Lyal Sunga, Jill Coster van Voorhout and Thomas Koerner for their helpful feedback on earlier drafts of this commentary.The views expressed here do not represent the views of the Hague Institute for Global Justice.] Following on from our previous commentary on potential state responsibility, this post will look at the role...10 Dec Moreno-Ocampo Needs a Remedial Criminal Law Course
Here is Moreno-Ocampo’s latest doozy, concerning the possibility of Israelis being prosecuted for war crimes related to Israel’s illegal settlements in the West Bank: Where the Israeli High Court of Justice has approved specific settlements as legal, this could provide a complete defense to any allegations that they are war crimes, former International Criminal Court chief prosecutor Luis Moreno-Ocampo told the Jerusalem Post on Thursday. Moreno-Ocampo is in Jerusalem lecturing at the The Fried-Gal Transitional Justice Initiative at the Hebrew University Law School. Although Moreno-Ocampo has stepped down from his...27 Jan Events and Announcements: 27 January 2020
Jobs The Asia Justice Coalition is pleased to announce two vacancies. The Asia Justice Coalition (AJC) is a network of organizations whose purpose is to promote justice and accountability for gross violations of international human rights law and serious violations of international humanitarian law in Asia, and to contribute to the fulfillment of the rights of victims and their families. Working together based on foundational principles of collaboration, complementarity, independence and transparency, the members of the coalition include Amnesty International, Asia Justice and Rights, Burmese Rohingya Organisation UK, Centre for...
11 Apr ICC Prosecutor Symposium: Against Modesty at the ICC
would be sacrificed. A modest Prosecutor would be one who is supplicant to state power. Some accept this, arguing that the ICC may have to “own” being a court for the prosecution of rebel warlords. It is what the Court can get done, the thinking goes, so, though the lesson may be “unpalatable,” it is what it should do. Partial and political criminal justice that aligns with the objectives of interested states is, on this view, “better than no justice at all.” Deteriorating Legitimacy The problem is that, in the...
23 Oct Universal Jurisdiction, the International Criminal Court, and the Rohingya Genocide
...It is the first universal jurisdiction case on the Rohingya situation brought anywhere in the world. The submission of the case file brought widespread international media attention. It remarkably also came in the same week as the International Criminal Court (ICC) opened an investigation regarding crimes against humanity against the Rohingya, and the Gambia brought a case against Myanmar at the International Court of Justice (ICJ) for violating the Genocide Convention. Finally, there was a sense of real momentum behind international justice efforts for what has credibly been called a...08 May OPCD Moves to Disqualify Moreno-Ocampo
...to endorse the narrative that firstly, the rebellion was a ‘fight for justice’, and secondly, that the present Libyan government is an extension of this rebellion, and ‘fight for justice’. 44.Subsequently, the Prosecutor observed that “it was critical for Libyans who fought against the injustices of the Gaddafi regime to now show they could “respect justice for a person like Saif.” Again, the Prosecutor appears to identify the current Libyan government and judiciary with the rebels, and to endorse their cause by describing it as a fight against “the injustices...
15 Jan After the International Court of Justice: Business as Usual? Al-Haq and Others versus the Netherlands: District Court The Hague 13 December 2024
[Dion Kramer is Assistant Professor of European Law at Vrije Universiteit, Amsterdam. Keri van Douwen is a PhD Candidate in Public International Law at Vrije Universiteit, Amsterdam.] It has now been half a year after the International Court of Justice delivered its Advisory Opinion on the Occupied Palestinian Territories. In it, the ICJ not only unequivocally condemned Israel for its continuing and illegal occupation but also spelled out the erga omnes obligation on third States not to facilitate the Israeli occupation of the Palestinian territories in terms of political, diplomatic...14 Jan Bias and Decline at the International Court of Justice
One of the things I think we can provide to blog readers is an insight into what international law academics are thinking and writing about. And not just what the three of us are thinking about (as valuable of course as that may be). Peggy has already gotten us started with her post about Peter Spiro’s recent work. In the same vein, I thought I would point to two recent articles by Eric Posner about the International Court of Justice. The first, “Is the International Court of Justice Biased?”, which...