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.
