Procedural Aspects of the Relationship Between the International Criminal Court and Future Truth Commissions. Lessons Learned From the Cases of Sierra Leone and East Timor

2010 ◽  
pp. 380-397
Author(s):  
Madalena Pampalk
Keyword(s):  
Sierra Leone ◽  
International Criminal Court ◽  
International Criminal ◽  
Criminal Court ◽  
Lessons Learned ◽  
East Timor ◽  
Truth Commissions ◽  
The Relationship

Lessons Lived in Gender and International Criminal Law

2020 ◽  
pp. 111-122
Author(s):  
Patricia Viseur Sellers ◽  
Louise Chappell
Keyword(s):  
Criminal Law ◽  
International Criminal Court ◽  
International Criminal ◽  
Criminal Court ◽  
Lessons Learned ◽  
International Criminal Law ◽  
International Criminal Tribunals ◽  
Gender Based ◽  
Accountability Practices ◽  
The Relationship

Accountability for gender-based crimes has been discussed as an important feature of the Women, Peace and Security Agenda. However, too often there has been a significant gap between the ideal of such accountability and its operation. This has been demonstrated over the past decade or so in the operations of the International Criminal Court and other tribunals such as that for conflicts in the former Yugoslavia, Rwanda, Sierra Leone. Interviewing Patricia V. Sellers, leading International Criminal Law Prosecutor and Special Adviser on Gendering the Office of the Prosecutor, ICC this contribution canvasses the challenges of and lessons learned about achieving accountability for gender crimes through international criminal tribunals, the steps forward towards new accountability practices and strategies and for strengthening the relationship between these tribunals and the broader international WPS agenda.

Justice for Children Affected by Political Violence

2020 ◽  
pp. 474-507
Author(s):  
Gloria Atiba-Davies
Keyword(s):  
Sierra Leone ◽  
Political Violence ◽  
International Criminal Court ◽  
International Criminal ◽  
Criminal Court ◽  
Significant Information ◽  
International Criminal Tribunals ◽  
Gender Based ◽  
And Gender

This chapter catalogs the list of crimes against and affecting children during conflict and situations of war over which the International Criminal Court (ICC) has jurisdiction. It provides information on the mandate of the International Criminal Tribunals of Yugoslavia and Rwanda as well as the Special Court of Sierra Leone and how they addressed issues relating to crimes against children. The chapter describes the structure and functioning of the ICC. In addition, significant information is presented about the work of the Office of the Prosecutor (OTP) of the ICC relating to investigations and cases including crimes against children. Lastly, it gives an overview of the Sexual and Gender-based Crimes Policy and the Policy on Children of the OTP, which were launched in 2014 and 2016, respectively. Both policies provide the framework within which the OTP will conduct the preliminary examinations, investigations, and prosecutions of those crimes.

The Absence of Norm Modification and the Intensification of Norm Contestation: Africa and the Responsibility to Prosecute

2019 ◽  
Vol 11 (2) ◽  
pp. 172-197 ◽  
Author(s):  
Antonio Arcudi
Keyword(s):  
International Criminal Court ◽  
International Criminal ◽  
Criminal Court ◽  
Main Argument ◽  
Specific Mechanism ◽  
The Subject ◽  
The Relationship

In recent norm research, the question of the relationship between norm contestation and norm dynamics has been the subject of substantial debate. However, until now too little attention has been paid to the question of how and when contestation intensifies. Based on the differentiation between applicatory and validity contestation, this article proposes a specific mechanism for intensifying contestation—understood as an increase in the contestation itself as well as an extension to its validity level—by treating norm modification as an intervening variable. The main argument is that norm modification may be necessary to reconcile different interpretations of norms. Consequently, if norm modification does not occur, norm contestation may intensify. This article elaborates this mechanism by examining the controversies involving the International Criminal Court (icc). It shows that contestation began at a low and applicatory level but intensified after several attempts at norm modification had failed.

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