ASIL 103Rd Annual Meeting
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Not for Citation Without Expresss Premission of Author
MJIL 26-4 Edit Format DocumentFletcher article Sept 23 (lef).doc NOT FOR CITATION WITHOUT EXPRESSS PREMISSION OF AUTHOR FROM INDIFFERENCE TO ENGAGEMENT BYSTANDERS AND INTERNATIONAL CRIMINAL JUSTICE Laurel E. Fletcher* [email protected] I. Introduction One of the asserted goals of the International Criminal Tribunal for the Former Yugoslavia (ICTY) is to promote peace in the region and reconciliation within the countries torn apart by the violence and bloodshed.1 International criminal trials— * Clinical Professor of Law and Director of the International Human Rights Law Clinic at the University of California, Berkeley School of Law (Boalt Hall); B.A., Brandeis University (1986); J.D., Harvard Law School (1990). This article grew out of my participation in a research project entitled Communities in Crisis: Justice, Accountability, and Social Reconstruction in Rwanda and Former Yugoslavia, principal investigators Eric Stover, Harvey Weinstein, and Michael Watts. I am indebted to Eric Stover and Harvey Weinstein for the opportunity to take part in the Communities in Crisis project and for sharing their insightful comments regarding this manuscript. I also owe a debt of gratitude to Harvey Weinstein for his patient collaboration with me on prior projects which led to this article. I wish to thank Diane Amman, Richard Buxbaum, David Caron, Connie de la Vega, Mark Drumbl, Jennifer Martinez, Diane Orentlicher, Naomi Roht-Arriaza, Jonathan Simon, and Beth Van Schaak, for their helpful comments on earlier drafts, and Saneta de Vuono-powell, Andrej Milivojevic, Simona Pinton, and Joshua Whitehair for their conscientious research assistance. 1. Establishing an International Tribunal for the Prosecution of Persons Responsible for Serious Violations of International Humanitarian Law Committed in the Territory of the Former Yugoslavia, S.C. -
A Path to Housing Justice in California Facing History, Uprooting Inequality: a Path to Housing Justice in California
Facing History, Uprooting Inequality: A Path to Housing Justice in California Facing History, Uprooting Inequality: A Path to Housing Justice in California Amee Chew with Chione Lucina Muñoz Flegal About This Report This report was produced by PolicyLink with funding from the Melville Charitable Trust. Acknowledgments We are deeply grateful to our community partners who served We thank Michelle Huang at PolicyLink and the USC Equity on the Advisory Committee of this report, for their expertise, Research Institute for data analysis; Heather Tamir at PolicyLink guidance, and insights: for editorial support; Jacob Goolkasian for layout and design; Guadalupe Garcia for logistical support; and Kakuna Kerina for • Alexandra Suh and José Roberto Hernández, Koreatown thorough copyedits. Immigrant Workers Alliance • Anya Lawler and Alexander Harnden, Western Center on We are grateful to the Melville Charitable Trust for supporting Law and Poverty this project. • Ashley Werner, Leadership Counsel for Justice and Accountability • Camilo Sol Zamora and Cat Kung, Causa Justa :: Just Cause • Christina Livingston, Alliance of Californians for Community Empowerment • Cynthia Strathmann, Strategic Actions for a Just Economy • D’Artagnan Scorza and Jelani Hendrix, Uplift Inglewood and Social Justice Learning Institute ©2020 PolicyLink. All rights reserved. • Deborah Thrope and Mariel Block, National Housing Law Project Cover, lower left: In 1963, hundreds of NAACP-CORE members • Jennifer Martinez, PICO California and supporters march in Torrance for fair -
Kiobel-Crossappeal-CAH-Amicus
06-4876 ______________________________________________________________________________________ UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT ______________________________________________________________________________________ ESTHER KIOBEL, individually and on behalf of her late husband, DR. BARINEM KIOBEL, BISHOP AUGUSTINE NUMENE JOHN- MILLER, CHARLES BARIDORN WIWA, ISRAEL PYAKENE NWIDOR, KENDRICKS DORLE NWIKPO, ANTHONY B. KOTE- WITAH, VICTOR B. WIFA, DUMLE J. KUNENU, BENSON MAGNUS IKARI, LEGBARA TONY IDIGIMA, PIUS NWINEE, KPOBARI TUSIMA individually and on behalf of his late father, CLEMENT TUSIMA, Plaintiffs-Appellants-Cross-Appellees, v. ROYAL DUTCH PETROLEUM CO., SHELL TRANSPORT AND TRADING COMPANY PLC, Defendants-Appellees-Cross-Appellants, and SHELL PETROLEUM DEVELOPMENT COMPANY OF NIGERIA, LTD. , Defendant. ______________________________________________________________________________________ On Appeal from the United States District Court for the Southern District of New York, ______________________________________________________________________________________ BRIEF OF AMICI CURIAE INTERNATIONAL LAW SCHOLARS CHERIF BASSIOUNI, ET AL IN SUPPORT OF PLAINTIFFS-APPELLANTS-CROSS-APPELLEES AND IN SUPPORT OF AFFIRMANCE TABLE OF CONTENTS Page I. STATEMENT OF IDENTITY AND INTEREST OF AMICI CURIAE .......1 II. SUMMARY OF ARGUMENT.......................................................................1 III. ARGUMENT...................................................................................................2 A. INTRODUCTION.................................................................................2 -
Denying Prejudice: Internment, Redress, and Denial
DENYING PREJUDICE: INTERNMENT, REDRESS, AND DENIAL Jerry Kang In the early 1980s, Fred Korematsu, Minoru Yasui, and Gordon Hirabayashi marched back into the federal courts that convicted them during World War II for defying the internment of persons of Japanese descent. Relying on suppressed exculpatory evidence discovered in the national archives, they filed writs of error coram nobis to overturn their convictions. Remarkably, this litigation was successful and fueled the extraordinary redress movement, which culminated in federal reparationsfor surviving internees. Yet, a dark side to this victory has never been discussed, until now. In grantingthe petitions, the Judiciary absolved the one branch of government that has never been held accountable for the internment: itself. Specifically, the lower federal courts adopted an official legal history that insulated the wartime Supreme Court from any fault. According to that account, the Supreme Court was simply duped by conniving officials in the Departments of War and Justice, who suppressed "smoking gun" evidence. But this tidy story is nonsense. The wartime Court was no innocent. It was a full participant in the internment machinery, and it deployed its enormous intellectual resources to avoid interfering with the internment, while at the same time, never grantingit official approval. The Court also made certain that blame would fall not on President Franklin Delano Roosevelt or on Congress, but instead on the little known War Relocation Authority, which was labeled a rogue agency. This is what the Court did in the 1940s, exploiting procedure-like tools often extolled as "passive virtues." The Judiciary has never accepted responsibility for its machinations.