Search: Affective Justice: Book Symposium: A Response
29 Sep The Fallacy of Sequencing Peace and Justice
rigid and harshly dichotomous “peace versus justice” debate. The argument is attractive because it represents an attempt to find ground between the polarizing views that there is “no peace without justice” and “there is no justice without peace.” While the sequencing argument is closer to the latter in suggesting that justice may have to follow peace it largely acknowledges that justice is necessary in the long term. Unlike scholars of a realist bent who are sceptical of any attempt to achieve justice in conflict and post-conflict contexts, the point is...
15 Dec Justice for Children Part 2: What Child-Centered Justice Requires
that I have suffered, and my daughter has suffered, and my other daughter, who was killed, have suffered, are not worth it… that we don’t deserve justice?” There is no “post-conflict” for this family. The violence isn’t past – it’s ongoing, visible and inescapable. This story framed the central question for the discussions: what does justice mean for children in contexts where harm continues and impunity is part of daily life? The consensus was unequivocal: accountability must extend far beyond prosecution. For children, justice is not just about a criminal...07 Nov When Does Justice Scalia Love International and Foreign Laws?
interested in whether my analysis holds up descriptively. Is it convincing, or does the more traditional doctrinal distinction carry greater weight? Or, perhaps there’s another unarticulated explanation for Justice Scalia’s views? Chief Justice Roberts and Justice Alito expressed their own disdain for using international and foreign law in the constitutional context in their confirmation hearings and other justices have expressed similar hostility (e.g., Thomas). Thus, I’d think it’s important to explain Justice Scalia’s overarching method here in order to appreciate whether it will have wider appeal within the Court in...12 Nov NYU JILP Symposium: Globalizing Transitional Justice
of memory and justice seems too sharp. To some extent, the article hearkens back to an earlier period of transitional justice; the post-Cold War 1990’s when states seemed to be in control of their transitional justice processes and could elevate the needs of the people over abstract universal demands of justice. But is this view relevant given contemporary developments; such as the globalization of transitional justice. Given the many other actors and institutions which are now involved in these processes I wonder about notion of a goal of arriving at...08 Jul Mark Kersten on Peace vs. Justice in Libya
The following is a guest-post by Mark Kersten. Mark is a PhD candidate in International Relations at the London School of Economics and author of the (excellent) blog Justice in Conflict. His research examines the nexus of conflict resolution and the pursuit of international criminal justice. Trying to Get to the Bottom of the “Peace versus Justice” Debate in Libya There are valid concerns and tensions which arise from pursuing justice in the midst of ongoing and unresolved conflict. The development of international criminal law has seen the transformation of...
03 Nov Genocide at The Hague: A Transitional Justice Reckoning?
public trust. While legal institutions must operate within jurisdictional constraints, meaningful truth-telling and durable reconciliation require confronting the full spectrum of atrocities across all parties to a conflict. 6. When Justice Crowds Out Justice In the field of TJ, it is often said that “some justice is better than none.” But when international legal strategies dominate the field of response to atrocity, we must ask: what is the opportunity cost? Genocide litigation at the ICJ, while symbolically powerful, can divert political and institutional energy toward legal outcomes at the expense...
19 Jan Islamic Law and Climate Justice
...climate justice. Traditional concepts of guardianship over the earth combined with recognition of the need to serve the interests of society offer great scope for the incorporation of climate justice into Islamic law and policy. The Islamic Declaration on Climate Change shows there is at least some desire to legitimize climate justice as being a necessary component to Islamic law, while the fatwas from the MUI offer an example of how the intersection between environmental issues and social justice can be deployed in practice. Given that climate justice remains such...
03 Feb ICC and Palestine Symposium: ‘Injustice Anywhere is a Threat to Justice Everywhere’ – Palestine, Israel, and the ICC
in other contexts where the ICC has intervened, that someone is working towards justice; that someone is on the side of those who suffer atrocity and political violence. Martin Luther King famously said that “injustice anywhere is a threat to justice everywhere.” International criminal justice isn’t available anywhere or everywhere. But it could be on offer to at least some victims and survivors in Israel and Palestine. Thwarting it, frustrating it, and opposing it entrenches selective justice, undermines the ICC, and shackles international criminal justice to its most limited self....06 May Jus Post Bellum Symposium: Towards an Alternative Paradigm–Jus Post Bellum as Transitional Justice
liberalization, freedom, and so on, we can see ways in which the aegis of jus post bellum overlaps with the aims of transitional justice. Justice is not conceived as strictly punishment oriented, as assumed in the legalist paradigm. Nor is it confined to restitution and the restorative dimension implied by the earlier understanding of post-war justice. Indeed, it could well take in the full context and modalities of transition and transformation. The issue is being reconceived in terms of justice as security. Within the evolving framework, there is a concern...