Jason Ralph
- Published in print:
- 2007
- Published Online:
- September 2007
- ISBN:
- 9780199214310
- eISBN:
- 9780191706615
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199214310.001.0001
- Subject:
- Political Science, International Relations and Politics
This book is among the first to address the issues raised by the International Criminal Court from an International Relations perspective. By clearly outlining a theoretical framework to interpret ...
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This book is among the first to address the issues raised by the International Criminal Court from an International Relations perspective. By clearly outlining a theoretical framework to interpret these issues, it makes a significant contribution to the English School's study of international society. More specifically, it offers a concise definition of ‘world society’ and thus helps to resolve a longstanding problem in international theory. This groundbreaking conceptual work is supported by an indepth empirical analysis of American opposition to the ICC. The book goes beyond the familiar arguments related to national interests and argues that the Court has exposed the extent to which American notions of accountability are tied to the nation‐state. Where other democracies are willing to renegotiate their social contract because they see themselves as part of world society, the US protects its particular contract with ‘the American people’ because it offers a means of distinguishing that nation and its democracy from the rest of the world. In opposing the ICC, therefore, the US seeks to defend a society of states because this kind of society can accommodate American exceptionalism and advance particular US interests. This ‘sovereigntist’, or more accurately ‘Americanist’, influence is further illustrated in chapters on the customary international law, universal jurisdiction, transatlantic relations and US policy on international humanitarian law in the war on terror. The book concludes by evoking E.H. Carr's criticism of those great powers who claim that a harmony exists between their particular interests and those of wider society. It also recalls his argument that great powers sometimes need to compromise and in this context it argues that support for the ICC is a more effective means of fulfilling America's purpose and a less costly sacrifice for the US to make than that demanded by the ‘Americanist’ policy of nation‐building.Less
This book is among the first to address the issues raised by the International Criminal Court from an International Relations perspective. By clearly outlining a theoretical framework to interpret these issues, it makes a significant contribution to the English School's study of international society. More specifically, it offers a concise definition of ‘world society’ and thus helps to resolve a longstanding problem in international theory. This groundbreaking conceptual work is supported by an indepth empirical analysis of American opposition to the ICC. The book goes beyond the familiar arguments related to national interests and argues that the Court has exposed the extent to which American notions of accountability are tied to the nation‐state. Where other democracies are willing to renegotiate their social contract because they see themselves as part of world society, the US protects its particular contract with ‘the American people’ because it offers a means of distinguishing that nation and its democracy from the rest of the world. In opposing the ICC, therefore, the US seeks to defend a society of states because this kind of society can accommodate American exceptionalism and advance particular US interests. This ‘sovereigntist’, or more accurately ‘Americanist’, influence is further illustrated in chapters on the customary international law, universal jurisdiction, transatlantic relations and US policy on international humanitarian law in the war on terror. The book concludes by evoking E.H. Carr's criticism of those great powers who claim that a harmony exists between their particular interests and those of wider society. It also recalls his argument that great powers sometimes need to compromise and in this context it argues that support for the ICC is a more effective means of fulfilling America's purpose and a less costly sacrifice for the US to make than that demanded by the ‘Americanist’ policy of nation‐building.
Robert C. Johansen
- Published in print:
- 2010
- Published Online:
- May 2010
- ISBN:
- 9780195395914
- eISBN:
- 9780199776801
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195395914.003.0008
- Subject:
- Political Science, International Relations and Politics
This chapter examines the complex interplay between international judicial processes and peace. Johansen engages the debate on international judicial activism, evaluating specific cases, especially ...
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This chapter examines the complex interplay between international judicial processes and peace. Johansen engages the debate on international judicial activism, evaluating specific cases, especially the International Criminal Court’s indictment of leaders of the Lord’s Resistance Army in Uganda. Judicial proceedings have complex consequences for a wide range of conflict issues, including negotiating ceasefires, deterring future crimes, and prospects for post-conflict reconciliation. The author proposes guidelines for employing judicial processes to promote an end to conflict, based on a utilitarian ethic that gives priority to saving as many lives as possible. The guidelines consider how to advance peace and justice not only through judicial proceedings, but also when judicial proceedings are suspended.Less
This chapter examines the complex interplay between international judicial processes and peace. Johansen engages the debate on international judicial activism, evaluating specific cases, especially the International Criminal Court’s indictment of leaders of the Lord’s Resistance Army in Uganda. Judicial proceedings have complex consequences for a wide range of conflict issues, including negotiating ceasefires, deterring future crimes, and prospects for post-conflict reconciliation. The author proposes guidelines for employing judicial processes to promote an end to conflict, based on a utilitarian ethic that gives priority to saving as many lives as possible. The guidelines consider how to advance peace and justice not only through judicial proceedings, but also when judicial proceedings are suspended.
Ruth MacKenzie, Kate Malleson, Penny Martin, and Philippe Sands
- Published in print:
- 2010
- Published Online:
- September 2010
- ISBN:
- 9780199580569
- eISBN:
- 9780191594489
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199580569.003.0004
- Subject:
- Law, Public International Law, Legal Profession and Ethics
The nomination process is critical in determining the quality of judges selected to the ICJ and ICC. Both the ICJ and ICC Statutes cover the nomination processes but the rules are open-ended and lack ...
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The nomination process is critical in determining the quality of judges selected to the ICJ and ICC. Both the ICJ and ICC Statutes cover the nomination processes but the rules are open-ended and lack specificity as to the exact procedures to be followed. This chapter seeks to shed light on the nomination process, in the words of insiders who have been directly involved as candidates or potential candidates, decision-makers, or observers. The information gathered was drawn from a sample of the state parties of the two courts, with the aim of representing the range of approaches taken by states. It is shown that some insiders lack detailed understanding of the nomination processes even in their own states; as a result, accounts are fragmented and contradictory, and only a few well-informed insiders appear to be familiar with the details.Less
The nomination process is critical in determining the quality of judges selected to the ICJ and ICC. Both the ICJ and ICC Statutes cover the nomination processes but the rules are open-ended and lack specificity as to the exact procedures to be followed. This chapter seeks to shed light on the nomination process, in the words of insiders who have been directly involved as candidates or potential candidates, decision-makers, or observers. The information gathered was drawn from a sample of the state parties of the two courts, with the aim of representing the range of approaches taken by states. It is shown that some insiders lack detailed understanding of the nomination processes even in their own states; as a result, accounts are fragmented and contradictory, and only a few well-informed insiders appear to be familiar with the details.
Andrew Kuper
- Published in print:
- 2004
- Published Online:
- November 2004
- ISBN:
- 9780199274901
- eISBN:
- 9780191601552
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0199274908.003.0005
- Subject:
- Political Science, International Relations and Politics
How can the theory of Responsive Democracy guide and be implemented in political practice? This chapter proposes significant reforms to: (1) the jurisdiction of the International Criminal Court; (2) ...
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How can the theory of Responsive Democracy guide and be implemented in political practice? This chapter proposes significant reforms to: (1) the jurisdiction of the International Criminal Court; (2) the jurisdiction of the International Court of Justice; (3) membership in, and decision procedures of, the UN General Assembly and Security Council; and (4) structures and methods of corruption control by Transparency International. Along the way, the chapter refutes those arguments about funding and sovereignty that hamper the establishment of stronger World Courts; it develops nine criteria for including non-state actors in institutions of global governance; it suggests new ideas for holding corporations and nongovernmental organizations accountable; and it explores how short-term and long-term obstacles to reform can be overcome.Less
How can the theory of Responsive Democracy guide and be implemented in political practice? This chapter proposes significant reforms to: (1) the jurisdiction of the International Criminal Court; (2) the jurisdiction of the International Court of Justice; (3) membership in, and decision procedures of, the UN General Assembly and Security Council; and (4) structures and methods of corruption control by Transparency International. Along the way, the chapter refutes those arguments about funding and sovereignty that hamper the establishment of stronger World Courts; it develops nine criteria for including non-state actors in institutions of global governance; it suggests new ideas for holding corporations and nongovernmental organizations accountable; and it explores how short-term and long-term obstacles to reform can be overcome.
Jason Ralph
- Published in print:
- 2007
- Published Online:
- September 2007
- ISBN:
- 9780199214310
- eISBN:
- 9780191706615
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199214310.003.0001
- Subject:
- Political Science, International Relations and Politics
This chapter examines how criminal justice helps to construct society by reaffirming common values at the moment they meet with opposition. It also introduces the English School approach to the study ...
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This chapter examines how criminal justice helps to construct society by reaffirming common values at the moment they meet with opposition. It also introduces the English School approach to the study of international society and it describes how it provides a useful framework for analysing the issues raised by the International Criminal Court. The chapter clarifies the use of the pluralist and solidarist labels at the heart of the English School research agenda, summarises the main arguments of the book and sets out the chapter outline.Less
This chapter examines how criminal justice helps to construct society by reaffirming common values at the moment they meet with opposition. It also introduces the English School approach to the study of international society and it describes how it provides a useful framework for analysing the issues raised by the International Criminal Court. The chapter clarifies the use of the pluralist and solidarist labels at the heart of the English School research agenda, summarises the main arguments of the book and sets out the chapter outline.
Andrew Kuper
- Published in print:
- 2004
- Published Online:
- November 2004
- ISBN:
- 9780199274901
- eISBN:
- 9780191601552
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0199274908.001.0001
- Subject:
- Political Science, International Relations and Politics
Global organizations are exercising unprecedented power–from the hallowed halls of the UN to the closed boardrooms of multinational corporations. Yet their leaders are often scandalously ...
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Global organizations are exercising unprecedented power–from the hallowed halls of the UN to the closed boardrooms of multinational corporations. Yet their leaders are often scandalously unaccountable to the people they claim to serve. How can we ensure that global leaders act responsively, and effectively, in the interests of the world’s people? In this lucid and provocative book, Andrew Kuper develops persuasive and practical answers.Democracy Beyond Borders criticizes conventional theories of justice and democracy that focus almost exclusively on the state and its electoral cycles. Kuper shows how non-state actors, such as corporations and civil society advocates, can be brought into multi-level government as partners with states. He presents an original theory of representation to answer the problem of accountability. At the core of this vision is a new separation of powers, in which different global actors check and balance one another in a complex harmony. This innovative framework complements electoral accountability and enables Kuper to recommend far-reaching reforms to the World Courts, the UN, and advocacy agencies including Transparency International.Democracy Beyond Borders stands at the forefront of a new generation of political thought, for which globalization is the challenge and deepening democracy the solution.Less
Global organizations are exercising unprecedented power–from the hallowed halls of the UN to the closed boardrooms of multinational corporations. Yet their leaders are often scandalously unaccountable to the people they claim to serve. How can we ensure that global leaders act responsively, and effectively, in the interests of the world’s people? In this lucid and provocative book, Andrew Kuper develops persuasive and practical answers.Democracy Beyond Borders criticizes conventional theories of justice and democracy that focus almost exclusively on the state and its electoral cycles. Kuper shows how non-state actors, such as corporations and civil society advocates, can be brought into multi-level government as partners with states. He presents an original theory of representation to answer the problem of accountability. At the core of this vision is a new separation of powers, in which different global actors check and balance one another in a complex harmony. This innovative framework complements electoral accountability and enables Kuper to recommend far-reaching reforms to the World Courts, the UN, and advocacy agencies including Transparency International.Democracy Beyond Borders stands at the forefront of a new generation of political thought, for which globalization is the challenge and deepening democracy the solution.
Ruth MacKenzie, Kate Malleson, Penny Martin, and Philippe Sands
- Published in print:
- 2010
- Published Online:
- September 2010
- ISBN:
- 9780199580569
- eISBN:
- 9780191594489
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199580569.003.0002
- Subject:
- Law, Public International Law, Legal Profession and Ethics
The design and operation of international judicial selection processes over the last century have taken place in the context of the ad hoc emergence of international courts and tribunals. There are ...
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The design and operation of international judicial selection processes over the last century have taken place in the context of the ad hoc emergence of international courts and tribunals. There are no principles or rules of general application governing the selection of judges at international level and there has been no clear elaboration of any one particular model of judicial selection. Different processes have developed for each court, arising from the particular circumstances in which it was established, and states have developed a heterogeneous set of models borrowed and adapted from one court to another. This chapter traces the key stages in the emergence of the various international judicial selection processes of the International Court of Justice (ICJ) and the International Criminal Court (ICC).Less
The design and operation of international judicial selection processes over the last century have taken place in the context of the ad hoc emergence of international courts and tribunals. There are no principles or rules of general application governing the selection of judges at international level and there has been no clear elaboration of any one particular model of judicial selection. Different processes have developed for each court, arising from the particular circumstances in which it was established, and states have developed a heterogeneous set of models borrowed and adapted from one court to another. This chapter traces the key stages in the emergence of the various international judicial selection processes of the International Court of Justice (ICJ) and the International Criminal Court (ICC).
Ruth MacKenzie, Kate Malleson, Penny Martin, and Philippe Sands
- Published in print:
- 2010
- Published Online:
- September 2010
- ISBN:
- 9780199580569
- eISBN:
- 9780191594489
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199580569.003.0003
- Subject:
- Law, Public International Law, Legal Profession and Ethics
Different factors determine the composition of the international bench. The most important are the court's governing rules and conventions, including individual selection criteria for judges and ...
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Different factors determine the composition of the international bench. The most important are the court's governing rules and conventions, including individual selection criteria for judges and rules about the composition of the bench as a whole; the available pool of candidates; and the practice and priorities of member states. This chapter reviews the interplay of these factors as they affect the ICJ and the ICC. It also considers current debates and trends in relation to the composition of international courts more generally, including questions about the composition of the bench as a whole, in terms of geographic representation and the place of the five permanent members of the UN Security Council; the representation of different legal systems; the need for certain types of legal expertise and a particular combination of legal experience on the bench; and the promotion of gender balance.Less
Different factors determine the composition of the international bench. The most important are the court's governing rules and conventions, including individual selection criteria for judges and rules about the composition of the bench as a whole; the available pool of candidates; and the practice and priorities of member states. This chapter reviews the interplay of these factors as they affect the ICJ and the ICC. It also considers current debates and trends in relation to the composition of international courts more generally, including questions about the composition of the bench as a whole, in terms of geographic representation and the place of the five permanent members of the UN Security Council; the representation of different legal systems; the need for certain types of legal expertise and a particular combination of legal experience on the bench; and the promotion of gender balance.
Ian Clark
- Published in print:
- 2007
- Published Online:
- May 2007
- ISBN:
- 9780199297009
- eISBN:
- 9780191711428
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199297009.003.0009
- Subject:
- Political Science, International Relations and Politics
This chapter locates the discussion in the context of the theoretical literature on international norms, particularly that by Martha Finnemore and Katherine Sikkink. Much of this literature is ...
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This chapter locates the discussion in the context of the theoretical literature on international norms, particularly that by Martha Finnemore and Katherine Sikkink. Much of this literature is interested in norm cycles, and the means by which norms come to be disseminated internationally. Building on this work, the chapter argues that the idea of dissemination does not quite capture what in fact have been a series of strategic negotiations between international and world society, often coming during the major peace settlements at the end of wars. Historically, this has often also arisen out of a coalition of interest between powerful state actors, and civil society groups. It is suggested that the framework of negotiation between international and world society allows us to understand this process in a particular way. It also demonstrates how the absorption of norms from world society into international society has complicated the latter's practices of consensus. It opens up major new issues about how consensus is to be developed within world society about changing principles of international legitimacy. These issues are explored in the context of the WTO and G7/8, and illustrated by the Ottawa Convention on Landmines and the formation of the International Criminal Court.Less
This chapter locates the discussion in the context of the theoretical literature on international norms, particularly that by Martha Finnemore and Katherine Sikkink. Much of this literature is interested in norm cycles, and the means by which norms come to be disseminated internationally. Building on this work, the chapter argues that the idea of dissemination does not quite capture what in fact have been a series of strategic negotiations between international and world society, often coming during the major peace settlements at the end of wars. Historically, this has often also arisen out of a coalition of interest between powerful state actors, and civil society groups. It is suggested that the framework of negotiation between international and world society allows us to understand this process in a particular way. It also demonstrates how the absorption of norms from world society into international society has complicated the latter's practices of consensus. It opens up major new issues about how consensus is to be developed within world society about changing principles of international legitimacy. These issues are explored in the context of the WTO and G7/8, and illustrated by the Ottawa Convention on Landmines and the formation of the International Criminal Court.
Luc Reydams, Jan Wouters, and Cedric Ryngaert
- Published in print:
- 2012
- Published Online:
- September 2012
- ISBN:
- 9780199554294
- eISBN:
- 9780191751691
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199554294.003.0002
- Subject:
- Law, Public International Law, Criminal Law and Criminology
This chapter presents a reconstruction of the historical and political context of the establishment of international tribunals. It looks at the political history of eleven courts employing ...
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This chapter presents a reconstruction of the historical and political context of the establishment of international tribunals. It looks at the political history of eleven courts employing international prosecutors and investigators. It starts with the Nuremberg International Military Tribunal and ends with the International Criminal Court. In between lie the three ad hoc tribunals established or initiated by the UN Security Council (the International Criminal Tribunal for the former Yugoslavia, the International Criminal Tribunal for Rwanda, the Special Tribunal for Lebanon); the hybrid mechanisms set up in Cambodia (the Extraordinary Chambers in the Courts of Cambodia), East Timor (the Serious Crimes Regime in East Timor), Kosovo (the United Nations Interim Administration Mission in Kosovo (UNMIK) court system), and Bosnia (the State Court of Bosnia and Herzegovina); and the somewhat unique Special Court for Sierra Leone.Less
This chapter presents a reconstruction of the historical and political context of the establishment of international tribunals. It looks at the political history of eleven courts employing international prosecutors and investigators. It starts with the Nuremberg International Military Tribunal and ends with the International Criminal Court. In between lie the three ad hoc tribunals established or initiated by the UN Security Council (the International Criminal Tribunal for the former Yugoslavia, the International Criminal Tribunal for Rwanda, the Special Tribunal for Lebanon); the hybrid mechanisms set up in Cambodia (the Extraordinary Chambers in the Courts of Cambodia), East Timor (the Serious Crimes Regime in East Timor), Kosovo (the United Nations Interim Administration Mission in Kosovo (UNMIK) court system), and Bosnia (the State Court of Bosnia and Herzegovina); and the somewhat unique Special Court for Sierra Leone.
Jann K. Kleffner
- Published in print:
- 2008
- Published Online:
- May 2009
- ISBN:
- 9780199238453
- eISBN:
- 9780191716744
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199238453.001.0001
- Subject:
- Law, Public International Law
The book examines the principle of complementarity in the Rome Statute of the International Criminal Court and the implications of that principle for the suppression of genocide, crimes against ...
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The book examines the principle of complementarity in the Rome Statute of the International Criminal Court and the implications of that principle for the suppression of genocide, crimes against humanity, and war crimes on the domestic level. The book is set against the general background of the national suppression of these crimes, its potential and pitfalls. It traces the evolution of complementarity as a principle governing the allocation of the respective competences of the ICC and national criminal jurisdictions, and its translation into one of the central requirements for the admissibility of situations and cases before the ICC. It provides a critical and comprehensive analysis of the provisions in the Rome Statute and the Rules of Procedure and Evidence relevant to complementarity. In so doing, it addresses the notions of ‘unwillingness’ and ‘inability’, and the procedural framework for the application, invocation, and litigation of questions of admissibility. The early practice of the ICC in operationalizing complementarity is also considered. The book further devotes attention to the question whether and to what extent the Rome Statute in general, and the regulation of complementarity in particular, imposes on States Parties an obligation to investigate and prosecute core crimes domestically. In that context, it analyses the room for States to opt for substitutes of criminal proceedings, such as truth commission processes and the granting of amnesties. Finally, the book examines the potential of the complementary regime to function as a catalyst for States to conduct domestic criminal proceedings vis-à-vis core crimes.Less
The book examines the principle of complementarity in the Rome Statute of the International Criminal Court and the implications of that principle for the suppression of genocide, crimes against humanity, and war crimes on the domestic level. The book is set against the general background of the national suppression of these crimes, its potential and pitfalls. It traces the evolution of complementarity as a principle governing the allocation of the respective competences of the ICC and national criminal jurisdictions, and its translation into one of the central requirements for the admissibility of situations and cases before the ICC. It provides a critical and comprehensive analysis of the provisions in the Rome Statute and the Rules of Procedure and Evidence relevant to complementarity. In so doing, it addresses the notions of ‘unwillingness’ and ‘inability’, and the procedural framework for the application, invocation, and litigation of questions of admissibility. The early practice of the ICC in operationalizing complementarity is also considered. The book further devotes attention to the question whether and to what extent the Rome Statute in general, and the regulation of complementarity in particular, imposes on States Parties an obligation to investigate and prosecute core crimes domestically. In that context, it analyses the room for States to opt for substitutes of criminal proceedings, such as truth commission processes and the granting of amnesties. Finally, the book examines the potential of the complementary regime to function as a catalyst for States to conduct domestic criminal proceedings vis-à-vis core crimes.
Elies van Sliedregt
- Published in print:
- 2012
- Published Online:
- May 2012
- ISBN:
- 9780199560363
- eISBN:
- 9780191738623
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199560363.003.0009
- Subject:
- Law, Public International Law, Criminal Law and Criminology
Codifiers in international criminal law have not been at ease with the subject of defences. They have focused on eliminating defences rather than on defining them. This chapter discusses defences ...
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Codifiers in international criminal law have not been at ease with the subject of defences. They have focused on eliminating defences rather than on defining them. This chapter discusses defences that are listed in Article 31 of the International Criminal Court Statute and all have a different nature and pedigree, which accounts for a differing format in analyzing them. It looks at the text, including the drafting history, and relevant international jurisprudence. As with the modes of liability dealt with in Chapter 6, the concepts discussed have a national pedigree and are analyzed by adding a comparative perspective. Especially in an area where international practice is scant, national criminal law has an important role to play, if only for the sake of understanding the scope and content of the various concepts.Less
Codifiers in international criminal law have not been at ease with the subject of defences. They have focused on eliminating defences rather than on defining them. This chapter discusses defences that are listed in Article 31 of the International Criminal Court Statute and all have a different nature and pedigree, which accounts for a differing format in analyzing them. It looks at the text, including the drafting history, and relevant international jurisprudence. As with the modes of liability dealt with in Chapter 6, the concepts discussed have a national pedigree and are analyzed by adding a comparative perspective. Especially in an area where international practice is scant, national criminal law has an important role to play, if only for the sake of understanding the scope and content of the various concepts.
Hilmi M. Zawati
- Published in print:
- 2014
- Published Online:
- April 2015
- ISBN:
- 9780199357109
- eISBN:
- 9780190259839
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:osobl/9780199357109.001.0001
- Subject:
- Law, Human Rights and Immigration
This book explains how the abstractness and lack of accurate description of gender-based crimes in the statutory laws of the international criminal tribunals and courts infringe the principle of fair ...
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This book explains how the abstractness and lack of accurate description of gender-based crimes in the statutory laws of the international criminal tribunals and courts infringe the principle of fair labelling, lead to inconsistent verdicts and punishments, and cause inadequate prosecution of these crimes. The book deals with gender-based crimes as a case study, within the legal principle and theoretical framework of fair labelling. This book contributes to existing scholarship in many different ways. It focuses on the dilemma of prosecuting and punishing wartime gender-based crimes in the statutory laws of the international criminal tribunals and the International Criminal Court (ICC) in the context of fair labelling. Moreover, it emphasizes that applying fair labelling to wartime gender-based crimes would enable the tribunals and the ICC to deliver fair judgments, eliminate inconsistent prosecution, overcome shortcomings in addressing gender-based crimes within their jurisprudence, while breaking the cycle of impunity for these crimes. Consisting of two parts, the book begins by outlining the central focus and theoretical legal framework of the study. It concentrates on fair labelling as an imperative legal principle and a legal framework, and examines its intellectual development, scope and justification, illustrating its applicability to gender-based crimes. The second part addresses the dilemma of prosecuting gender-based crimes in the international criminal tribunals.Less
This book explains how the abstractness and lack of accurate description of gender-based crimes in the statutory laws of the international criminal tribunals and courts infringe the principle of fair labelling, lead to inconsistent verdicts and punishments, and cause inadequate prosecution of these crimes. The book deals with gender-based crimes as a case study, within the legal principle and theoretical framework of fair labelling. This book contributes to existing scholarship in many different ways. It focuses on the dilemma of prosecuting and punishing wartime gender-based crimes in the statutory laws of the international criminal tribunals and the International Criminal Court (ICC) in the context of fair labelling. Moreover, it emphasizes that applying fair labelling to wartime gender-based crimes would enable the tribunals and the ICC to deliver fair judgments, eliminate inconsistent prosecution, overcome shortcomings in addressing gender-based crimes within their jurisprudence, while breaking the cycle of impunity for these crimes. Consisting of two parts, the book begins by outlining the central focus and theoretical legal framework of the study. It concentrates on fair labelling as an imperative legal principle and a legal framework, and examines its intellectual development, scope and justification, illustrating its applicability to gender-based crimes. The second part addresses the dilemma of prosecuting gender-based crimes in the international criminal tribunals.
Guenael Mettraux
- Published in print:
- 2009
- Published Online:
- May 2009
- ISBN:
- 9780199559329
- eISBN:
- 9780191705304
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199559329.003.0003
- Subject:
- Law, Criminal Law and Criminology, Public International Law
This chapter touches upon subsequent development, in particular the adoption of a definition of that doctrine in the Statute of the International Criminal Court which differs in some significant ...
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This chapter touches upon subsequent development, in particular the adoption of a definition of that doctrine in the Statute of the International Criminal Court which differs in some significant fashion from existing customary international law.Less
This chapter touches upon subsequent development, in particular the adoption of a definition of that doctrine in the Statute of the International Criminal Court which differs in some significant fashion from existing customary international law.
Daniel Philpott and Gerard Powers
- Published in print:
- 2010
- Published Online:
- May 2010
- ISBN:
- 9780195395914
- eISBN:
- 9780199776801
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195395914.001.0001
- Subject:
- Political Science, International Relations and Politics
This volume comprises a discussion among a wide range of expert scholars and practitioners on what defines and distinguishes the concept of strategic peacebuilding. The authors respond reflexively to ...
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This volume comprises a discussion among a wide range of expert scholars and practitioners on what defines and distinguishes the concept of strategic peacebuilding. The authors respond reflexively to the failures of peacebuilding and constructively press forward an emergent paradigm shift that questions the assumptions of a state-centric and liberal approach to peace. Strategic peacebuilding, they argue, is an intentional approach to the complexity of post-conflict environments that recognizes the interdependence of sectors, actors, and policies and develops strategies to maximize the impact of initiatives through strengthening these linkages. The volume first builds a theory of strategic peacebuilding, distinguishing it from past efforts and exploring the myriad ways strategic approaches can make peacebuilding more effective. It then explores the role of international institutions, particularly the International Criminal Court and United Nations, highlighting ways forward for building more sustainable and locally informed peace. Importantly, this volume reflects the multiplicity of actors and practices involved in strategic peacebuilding, focusing on the roles of civil society, educational institutions, and cultural and religious leaders in promoting justice and reconciliation. Employing a diverse array of methods, disciplines, and practices, the authors of this volume demonstrate that a strategic approach to peacebuilding is imperative for achieving an inclusive, locally informed and self-sustaining justpeace.Less
This volume comprises a discussion among a wide range of expert scholars and practitioners on what defines and distinguishes the concept of strategic peacebuilding. The authors respond reflexively to the failures of peacebuilding and constructively press forward an emergent paradigm shift that questions the assumptions of a state-centric and liberal approach to peace. Strategic peacebuilding, they argue, is an intentional approach to the complexity of post-conflict environments that recognizes the interdependence of sectors, actors, and policies and develops strategies to maximize the impact of initiatives through strengthening these linkages. The volume first builds a theory of strategic peacebuilding, distinguishing it from past efforts and exploring the myriad ways strategic approaches can make peacebuilding more effective. It then explores the role of international institutions, particularly the International Criminal Court and United Nations, highlighting ways forward for building more sustainable and locally informed peace. Importantly, this volume reflects the multiplicity of actors and practices involved in strategic peacebuilding, focusing on the roles of civil society, educational institutions, and cultural and religious leaders in promoting justice and reconciliation. Employing a diverse array of methods, disciplines, and practices, the authors of this volume demonstrate that a strategic approach to peacebuilding is imperative for achieving an inclusive, locally informed and self-sustaining justpeace.
Naomi Roht‐Arriaza
- Published in print:
- 2001
- Published Online:
- November 2003
- ISBN:
- 9780199240906
- eISBN:
- 9780191598869
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0199240906.003.0002
- Subject:
- Political Science, Democratization
The response of an incoming government to past crimes and gross violations of human rights depends primarily on a combination of domestic political, military and socioeconomic factors. However, ...
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The response of an incoming government to past crimes and gross violations of human rights depends primarily on a combination of domestic political, military and socioeconomic factors. However, international influences and institutions play an increasing role in shaping and affecting these processes. International efforts are in turn shaped partly by the perceived success or failure of domestic attempts to deal with the past. This chapter focuses on three areas in which these mutual influences manifest themselves: first, it examines the impact of international and transnational activity on the work of national courts, truth commissions, reparation schemes and political discourses about the past; second, it looks at the possibility of simultaneous actions in multiple arenas, since transnational justice also takes the form of legal actions brought in the national courts of one country against civil or criminal defendants based in another; the third area of influence discussed is the creation of new international institutions for accountability, although the extent to which these international efforts have influenced political or social reconstruction within societies is still unclear. The different sections of the chapter are: Introduction; Human Rights Institutions and Norms; Transnational Justice: The Pinochet Precedent; International Justice: The ‘Ad Hoc’ Tribunals and the ICC (International Criminal Court); and Conclusion.Less
The response of an incoming government to past crimes and gross violations of human rights depends primarily on a combination of domestic political, military and socioeconomic factors. However, international influences and institutions play an increasing role in shaping and affecting these processes. International efforts are in turn shaped partly by the perceived success or failure of domestic attempts to deal with the past. This chapter focuses on three areas in which these mutual influences manifest themselves: first, it examines the impact of international and transnational activity on the work of national courts, truth commissions, reparation schemes and political discourses about the past; second, it looks at the possibility of simultaneous actions in multiple arenas, since transnational justice also takes the form of legal actions brought in the national courts of one country against civil or criminal defendants based in another; the third area of influence discussed is the creation of new international institutions for accountability, although the extent to which these international efforts have influenced political or social reconstruction within societies is still unclear. The different sections of the chapter are: Introduction; Human Rights Institutions and Norms; Transnational Justice: The Pinochet Precedent; International Justice: The ‘Ad Hoc’ Tribunals and the ICC (International Criminal Court); and Conclusion.
Fabián O Raimondo
- Published in print:
- 2010
- Published Online:
- January 2011
- ISBN:
- 9780199591466
- eISBN:
- 9780191595585
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199591466.003.0003
- Subject:
- Law, Human Rights and Immigration, Public International Law
This chapter examines the manner in which the ad hoc International Criminal Tribunals have utilized general principles of law in filling substantive and procedural legal gaps. While general ...
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This chapter examines the manner in which the ad hoc International Criminal Tribunals have utilized general principles of law in filling substantive and procedural legal gaps. While general principles of law are recognized as secondary sources of law under Article 38(1) of the Statute of the International Court of Justice, they have nevertheless acted as important springboards towards judicial creativity in the international criminal law context. This chapter examines some of the relevant case-law and shows that general principles of law as identified by the bench have been used to surmount statutory lacunae. Of particular interest in this regard is the ad hoc Tribunals' reliance on notions pertaining to their inherent powers in order to examine issues such as institutional legitimacy and obstruction of justice. The chapter concludes with a comment on the prospects for the future role of general principles of law in the jurisprudence of the International Criminal Court.Less
This chapter examines the manner in which the ad hoc International Criminal Tribunals have utilized general principles of law in filling substantive and procedural legal gaps. While general principles of law are recognized as secondary sources of law under Article 38(1) of the Statute of the International Court of Justice, they have nevertheless acted as important springboards towards judicial creativity in the international criminal law context. This chapter examines some of the relevant case-law and shows that general principles of law as identified by the bench have been used to surmount statutory lacunae. Of particular interest in this regard is the ad hoc Tribunals' reliance on notions pertaining to their inherent powers in order to examine issues such as institutional legitimacy and obstruction of justice. The chapter concludes with a comment on the prospects for the future role of general principles of law in the jurisprudence of the International Criminal Court.
Arman Sarvarian
- Published in print:
- 2013
- Published Online:
- January 2014
- ISBN:
- 9780199679461
- eISBN:
- 9780191758522
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199679461.003.0009
- Subject:
- Law, Legal Profession and Ethics, Public International Law
This chapter examines the procedure and practice of advocacy before the International Criminal Court with supplementary reference to the International Criminal Tribunal for the former Yugoslavia, the ...
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This chapter examines the procedure and practice of advocacy before the International Criminal Court with supplementary reference to the International Criminal Tribunal for the former Yugoslavia, the International Criminal Tribunal for Rwanda, and the Special Court for Sierra Leone. It focuses upon the early problems of professional ethics manifested in the practice of the Court, particularly in the Thomas Lubanga trial, concerning the conduct of prosecutors. In identifying a regulatory bifurcation between prosecutors and defence counsel, it argues for the introduction of common ethical standards for both in light of examples of questionable prosecutorial conduct. It also explains the key architectural features of the unique ICC regulatory system for defence counsel.Less
This chapter examines the procedure and practice of advocacy before the International Criminal Court with supplementary reference to the International Criminal Tribunal for the former Yugoslavia, the International Criminal Tribunal for Rwanda, and the Special Court for Sierra Leone. It focuses upon the early problems of professional ethics manifested in the practice of the Court, particularly in the Thomas Lubanga trial, concerning the conduct of prosecutors. In identifying a regulatory bifurcation between prosecutors and defence counsel, it argues for the introduction of common ethical standards for both in light of examples of questionable prosecutorial conduct. It also explains the key architectural features of the unique ICC regulatory system for defence counsel.
Guenael Mettraux
- Published in print:
- 2009
- Published Online:
- May 2009
- ISBN:
- 9780199559329
- eISBN:
- 9780191705304
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199559329.003.0010
- Subject:
- Law, Criminal Law and Criminology, Public International Law
This chapter discusses each and every aspect of the relevant mens rea or state of mind relevant to the doctrine of superior responsibility both under customary international law and in the Statute of ...
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This chapter discusses each and every aspect of the relevant mens rea or state of mind relevant to the doctrine of superior responsibility both under customary international law and in the Statute of the International Criminal Courts. It reviews the three different categories of knowledge which, depending on the applicable law, would suffice to render a superior liable under that doctrine: ‘knew’, ‘had reason to know’, and ‘should have known’. It further makes it clear that knowledge of crimes committed by subordinates is not itself sufficient to engage a superior's criminal responsibility and that it would have to be established that he intentionally failed to fulfil his duties thereby demonstrating his acquiescent with the crimes. Simple negligence on his part would not be sufficient to engage his responsibility; only gross negligence would.Less
This chapter discusses each and every aspect of the relevant mens rea or state of mind relevant to the doctrine of superior responsibility both under customary international law and in the Statute of the International Criminal Courts. It reviews the three different categories of knowledge which, depending on the applicable law, would suffice to render a superior liable under that doctrine: ‘knew’, ‘had reason to know’, and ‘should have known’. It further makes it clear that knowledge of crimes committed by subordinates is not itself sufficient to engage a superior's criminal responsibility and that it would have to be established that he intentionally failed to fulfil his duties thereby demonstrating his acquiescent with the crimes. Simple negligence on his part would not be sufficient to engage his responsibility; only gross negligence would.
Derrick M. Nault
- Published in print:
- 2020
- Published Online:
- January 2021
- ISBN:
- 9780198859628
- eISBN:
- 9780191891977
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/oso/9780198859628.003.0006
- Subject:
- History, History of Ideas, World Modern History
Chapter Five discusses the operations of The Hague-based International Criminal Court (ICC), which aims ‘to end impunity’ by punishing perpetrators of the gravest crimes known to humankind—crimes ...
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Chapter Five discusses the operations of The Hague-based International Criminal Court (ICC), which aims ‘to end impunity’ by punishing perpetrators of the gravest crimes known to humankind—crimes against humanity, genocide, war crimes, and crimes of aggression. Despite its promise, the court has been criticized for its overemphasis on African situations. This chapter assesses African criticisms of the ICC and their accuracy, suggesting that, although they are not always without merit, the court exists as it does today due to African requests for assistance as well as the early and ongoing support of African member states. The chapter also considers the past, present, and possible future impact of the ICC on human rights and international justice in Africa, suggesting that notable progress is being made in both inter-related areas. Finally, it argues that, as with previous eras, Africans have exerted an important yet largely unrecognized influence on human rights in recent times, in this case vis-à-vis the ICC.Less
Chapter Five discusses the operations of The Hague-based International Criminal Court (ICC), which aims ‘to end impunity’ by punishing perpetrators of the gravest crimes known to humankind—crimes against humanity, genocide, war crimes, and crimes of aggression. Despite its promise, the court has been criticized for its overemphasis on African situations. This chapter assesses African criticisms of the ICC and their accuracy, suggesting that, although they are not always without merit, the court exists as it does today due to African requests for assistance as well as the early and ongoing support of African member states. The chapter also considers the past, present, and possible future impact of the ICC on human rights and international justice in Africa, suggesting that notable progress is being made in both inter-related areas. Finally, it argues that, as with previous eras, Africans have exerted an important yet largely unrecognized influence on human rights in recent times, in this case vis-à-vis the ICC.
