Search: Affective Justice: Book Symposium: A Response
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...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...13 May Libya and the ICC: In the Pursuit of Justice?
country that is, according to the International Commission of Inquiry on Libya, “devoid of independent institutions, a civil society, and a judiciary able to provide justice and redress.” At this critical juncture, the availability of the ICC— an internationally recognized body—to promulgate principles of global importance is vital to fostering universal justice principles and steering Libya away from victor’s justice. So how can the ICC inspire the criminal justice reform process within Libya? Continued monitoring by international entities can be a catalyst for reforms of national justice systems, encouraging states...
15 Mar SCSL Symposium: The Continued Relevance of the Contributions of the Sierra Leone Tribunal to International Criminal Law
Sierra Leone (SCSL) and the forthcoming law review special issue on the book, would not have been possible. I am indebted to them all. In the remainder of this post, allow me to briefly introduce the main chapters and arguments in the book which will be debated in the series of posts that will follow over the next week or so. In a final post, at the end of the present symposium, I will return to respond to the main comments and criticisms of the book. It must be common...
04 Dec UNSC Veto Power Symposium: Reply to Professors Sterio and Clark, and Dr. McDougall
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...
08 Oct Symposium on Gender Representation: Time to Double our Efforts – New Report Creates an Exceptional Opportunity to Break the Glass Ceiling for Women in International Justice
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...
02 May Symposium in Pursuit of Intersectional Justice at the International Criminal Court: Ongwen amici curiae Submissions from a Feminist Collective of Lawyers and Scholars
[ 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...
08 Apr Symposium on Dominic Ongwen Case: Perspectives from Ugandan Survivors and Activists on Reparations in the Dominic Ongwen Case
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...
17 Apr Symposium on Confronting Colonial Objects: Beyond Return, Towards Repair – Litigating Restitution of Entangled Objects along the Spectrum of Legalities and (Post)colonial Justice
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...