Search: Affective Justice: Book Symposium: A Response
18 Mar Oral Argument in Heller and the English Roots of the Second Amendment
even then, let alone now. MR. GURA: Well, certainly they saw – JUSTICE BREYER: What’s your response to the question? MR. GURA: Well, my response is that the government can ban arms that are not appropriate for civilian use. There is no question of that. (pp. 58-59). *** JUSTICE STEVENS: Well, if you look at the individual rights I suppose you start back in 1689, the Declaration of Rights in England. And the seventh provision that they talked about said that: “The subjects which are protestants may have arms for...
09 May Race, Nationality and the True Color of International Criminal Justice
[Chuka Arinze-Onyia is a Nigeria-based lawyer with an avid interest in international criminal justice and other adjacent subjects] Introduction Race and nationality play critical roles in understanding and experiencing international criminal justice. While international justice may ultimately aim to address prohibited crimes committed anywhere in the world without regard to the status of the perpetrator or victim, in practice however, it continues to perpetuate existing “global structural inequalities”. Clarke believes that racial and national biases heavily influence the nature of crimes punished by international law, its temporal jurisdiction, and prosecutorial...
23 Aug Symposium on the Sentimental Life of International Law: The Affect of International Law
authority. There he rehearses his discussion, to have more play in his new book, of “bathos,” that law’s technocratic, procedural process can never encompass the horrors of great evil. In this earlier book, Simpson identified a tension within war crimes law: “I argue that war crimes law negotiates between a liberal cosmopolitanism (emphasizing individual responsibility, the rule of law, internationalism, tolerance of one’s adversaries) and an illiberal or romantic nationalism (emphasizing collective guilt, national prerogatives, procedural anti-formalism, and exemplary justice for outlaws).” [24] In his new book, Simpson is less...22 May New Book Project: A Genealogy of International Criminal Law
will fill that lacuna. Merriam-Webster defines a genealogy as “an account of the origin or historical development of something.” That something, in this book, will be international criminal law itself. The book will be structured around three interrelated questions. The first is methodological: under what conditions should a particular legal concept be recognized as forming part of the corpus of international criminal law? The book will take a broad approach to that question, asking not only how categories of crimes become directly criminalized by international law – aggression, war crimes,...
07 Oct Rethinking International Law After Gaza: A Symposium and a Call to Action
...the role of international law in perpetuating injustice. Indeed, the contributions in this symposium are part of a larger project to mobilise legal scholarship in service of justice, but they must be accompanied by collective action. The fight for justice in Palestine is not just a regional issue; it is a global one that speaks to the heart of what international law should stand for. Together, we can push back against the forces of imperialism, colonialism, and racism and build a legal order that serves the oppressed while advancing the...
30 Aug Symposium on Myanmar and International Indifference: The Slow Turning Wheels of Justice – Even for Genocide
for a gender perspective in accountability, and whether justice is possible in Myanmar. In my post in that symposium, I examined the potential impact and implications of the ICJ and International Criminal Court (ICC) cases on the crime of genocide, looking at the case The Gambia has brought against Myanmar in the ICJ, and the ICC Prosecutor’s investigations into crimes against the Rohingya, using Bangladesh as territorial jurisdiction. When invited to contribute to this year’s symposium, two years on, what struck me about the ICJ and ICC cases was how...
11 Sep Libya and International Justice Symposium: The Quest for Accountability in Libya–A Pressing but Neglected Concern
[Kate Vigneswaran is a Senior Legal Adviser at the International Commission of Jurists, Middle East and North Africa (MENA) Programme, and Vito Todeschini is an Associate Legal Adviser, International Commission of Jurists, MENA Programme. This is the latest post in our symposium with Justice in Conflict on Libya and International Justice. Marieke Wierda’s contribution to the symposium has gone up at JiC and you can find it here.] Accountability is typically absent from many discussions on Libya, despite the prevalence of gross human rights violations and crimes being committed on...
16 Mar SCSL Symposium: The Legacy of the Special Court for Sierra Leone–Balancing Different Transitional Justice Elements to Ensure Accountability for Atrocity Crimes
the continued relevance of the SCSL’s legal legacy for other situations in Africa and the world. To take perhaps the most prominent example, in February 2019, the African Union adopted the African Union Transitional Justice Framework (AUTJP) which consolidates the experiences of various African countries and their approach to transitional justice. The policy is meant to be a guide to African states in developing their own context specific transitional justice mechanisms in their quests for peace, justice and reconciliation. The Policy recommends the need for transitional justice mechanisms to mutually...
24 Jun Delivering on Domestic Justice in Africa for Atrocity Crimes
[Elise Keppler is an associate international justice director at Human Rights Watch, where she has worked since 2003 to advance justice for serious crimes before domestic, hybrid, and international courts, with a focus on crimes committed in Africa.] West African and nearby governments came together in Dakar, Senegal in late May to discuss advancing accountability for atrocity crimes through national trials and cooperation with the International Criminal Court (ICC). The region has seen some historic justice successes. Once powerful leaders – former Liberian president Charles Taylor and Chadian president Hissène...28 Aug Emerging Voices: Incorporation of Plural Realisations of Justice within the ICC System
cultural identity. This enables the concept of justice to be localised, and resonate with the community most affected by the crime, rather than only the legal community in The Hague. As concepts such as justice and impunity may vary from state to state, and culture to culture, the Court’s minimalist approach to domestic proceedings may prove to be the most effective method in realising its organisational goals of international criminal justice. Justice, in this context, would be taken to reflect the experience of closure as desired and felt by the...