scholarly journals Can the International Criminal Court Deter Atrocity?

2016 ◽  
Vol 70 (3) ◽  
pp. 443-475 ◽  
Author(s):  
Hyeran Jo ◽  
Beth A. Simmons
Keyword(s):  
International Relations ◽  
International Criminal Court ◽  
International Criminal ◽  
Criminal Court ◽  
International Affairs ◽  
Human Rights Abuses ◽  
Systematic Assessment ◽  
International Crimes ◽  
Rebel Groups

AbstractWhether and how violence can be controlled to spare innocent lives is a central issue in international relations. The most ambitious effort to date has been the International Criminal Court (ICC), designed to enhance security and safety by preventing egregious human rights abuses and deterring international crimes. We offer the first systematic assessment of the ICC's deterrent effects for both state and nonstate actors. Although no institution can deter all actors, the ICC can deter some governments and those rebel groups that seek legitimacy. We find support for this conditional impact of the ICC cross-nationally. Our work has implications for the study of international relations and institutions, and supports the violence-reducing role of pursuing justice in international affairs.

Law and contestation in international negotiations

2020 ◽  
Vol 46 (5) ◽  
pp. 672-690
Author(s):  
Kyle Rapp
Keyword(s):  
Discourse Analysis ◽  
International Relations ◽  
International Law ◽  
International Criminal Court ◽  
International Criminal ◽  
Criminal Court ◽  
International Negotiations ◽  
The Us ◽  
Legal Grounds

AbstractWhat is the role of rhetoric and argumentation in international relations? Some argue that it is little more than ‘cheap talk’, while others say that it may play a role in persuasion or coordination. However, why states deploy certain arguments, and why these arguments succeed or fail, is less well understood. I argue that, in international negotiations, certain types of legal frames are particularly useful for creating winning arguments. When a state bases its arguments on constitutive legal claims, opponents are more likely to become trapped by the law: unable to develop sustainable rebuttals or advance their preferred policy. To evaluate this theory, I apply qualitative discourse analysis to the US arguments on the crime of aggression at the Kampala Review Conference of the International Criminal Court – where the US advanced numerous arguments intended to reshape the crime to align with US interests. The analysis supports the theoretical propositions – arguments framed on codified legal grounds had greater success, while arguments framed on more political grounds were less sustainable, failing to achieve the desired outcomes. These findings further develop our understanding of the use of international law in rhetoric, argumentation, and negotiation.

THE MAIN ROLE OF PROSECUTOR OFFICE IN THE FIELD OF INVESTIGATION OF INTERNATIONAL CRIMES INCLUDING JURISDICTION OF İNTERNATIONAL CRIMINAL COURT AND THE MAIN CHARACTER OF COOPERATION AGREEMENT BETWEEN THE INTERPOL AND PROSECUTOR OFFICE

2020 ◽  
Vol 56 (07) ◽  
pp. 56-59
Author(s):  
Farid Ziyat Ahmadov ◽  
Keyword(s):  
20Th Century ◽  
International Criminal Court ◽  
International Criminal ◽  
International Crime ◽  
Criminal Court ◽  
Main Role ◽  
Main Character ◽  
Cooperation Agreement ◽  
International Crimes

The fight against international crime has been a serious problem for states, especially since the second half of the 20th century. One of the most effective organizations in the fight against this is the International Criminal Court. One of the main bodies of the International Criminal Court is the Prosecutor Office. The article describes the main tasks of Prosecutor Office, the main features of the candidates for this position, the grounds for appointment and dismissal, the main functions of collecting evidence used in the investigation of international crimes and the main features of the cooperation agreement between Interpol and the Prosecutor Office. Key words: fight against international crimes, prosecutor office, evidence, investigation of crimes, cooperation agreement

The Moral Legacy of the ICTY

2020 ◽  
pp. 62-68
Author(s):  
Miguel de Serpa Soares
Keyword(s):  
International Criminal Court ◽  
International Criminal ◽  
International Criminal Tribunal ◽  
Criminal Court ◽  
International Justice ◽  
International Crimes ◽  
Accountability System ◽  
Age Of Accountability ◽  
Moral Legacy

The chapter sets the International Criminal Tribunal for the former Yugoslavia (ICTY) legacy into context from a broader UN perspective. It shows that ideas of morality and responsibility are fundamental to the establishment of the ICTY and a cornerstone of the ‘age of accountability’. The chapter argues that the ICTY had a pioneering role in shaping discourse on international justice and serious international crimes and institutional developments, ranging from the Special Court for Sierra Leone (SCSL) to the International, Impartial and Independent Mechanism (IIIM). It discusses four challenges that are fundamental to the development of an international accountability system: the financing of international criminal court and tribunals; the length of proceedings; the development of governance mechanisms; and the centrality of the role of victims. The chapter concludes that, in an ideal world, institutions such as the ICTY would not be needed. However, until such a time arrives, the legacy of the ICTY can provide important insights on building domestic capacity and guiding other international tribunals.

سلطات مجلس الأمن تجاه المحكمة الدولية الجنائية

2019 ◽  
Vol 7 (2) ◽  
Author(s):  
Abd Alghafoor Saleh Mohammed ◽  
Yahya Salih Mohammed
Keyword(s):  
Security Council ◽  
International Criminal Court ◽  
International Criminal ◽  
Descriptive Analysis ◽  
Criminal Court ◽  
Criminal Courts ◽  
International Crimes ◽  
Political Group ◽  
The Relationship

The Security Council is one of the main organs of the United Nations, and according to its convention, this organ has been authorized with many main tasks, so as to maintain peace and international security, out of which the establishment of International Private Courts or what is called Temporary Courts to prosecute those accused of committing international crimes. With the absence of international judiciary at that time, and after the establishment of the International Criminal Court, the relationship between the two was under consideration, especially with regard to the role of the Security Council and its authority in the referral of international crimes to the Criminal Courts and the extent to which this condition is mandatory, where a lot of discussion were held among the delegations participating in the Rome Conference that established the International Criminal Courts system in 1998, in supporting the inclusion of the role of a political organ represented by the Security Council in the procedures of an international judicial organ represented by the International Criminal Court, where the court is supposed to be independent in doing its judicial function away from politicization. The study aims to clarify the relationship between these two organs and the extent of the obligation to refer crimes by the Security Counsel to the International Criminal Court. The methodology used in this research are descriptive analysis to extrapolate the texts and legal materials related to the subject of the research, and analyse all that in order to reach results of the research. The results of the study showed that the Security Council - based on chapter VII of the convention- consists of many deterrent sanctions, starting with economic sanctions and ending with military deterrence. Although, the separation between them achieves the independence of the international judiciary and ensures that no foreign political group interferes or controls the court, which is intended to be independent and free to ensure the application of the international law.

Conclusion

2017 ◽  
Author(s):  
Charles Chernor Jalloh ◽  
Ilias Bantekas
Keyword(s):  
International Criminal Court ◽  
International Criminal ◽  
Criminal Court ◽  
African Union ◽  
International Crimes ◽  
National Implementation ◽  
Un Security Council ◽  
Heads Of State ◽  
The Relationship

Africa has been at the forefront of contemporary global efforts towards ensuring greater accountability for international crimes. This work analyses the relationship and tensions between the International Criminal Court (ICC) and Africa. It traces the origins of the confrontation between African governments, acting individually or within the framework of the African Union, and the permanent Hague-based ICC. Topics examined include Africa, the ICC, and universal jurisdiction; the controversial use of the Prosecutor’s proprio motu power to initiate investigations in Africa; national implementation of the ICC statute in Africa; the complementarity principle; the sequencing of justice and peace; the question of immunity of sitting heads of state; the controversial role of the UN Security Council in referring and deferring situations under ICC investigation; the role of African domestic and traditional courts in the fight against impunity; and the recent withdrawal of some African states parties from the ICC.

scholarly journals THE JURISDICTIONAL BASIS OF THE INTERNATIONAL CRIMINAL COURT

1969 ◽  
Vol 1 (1) ◽  
Author(s):  
Sara Viau
Keyword(s):  
Human Rights ◽  
International Criminal Court ◽  
International Criminal ◽  
International System ◽  
Criminal Court ◽  
Humanitarian Law ◽  
Human Rights Abuses ◽  
International Crimes ◽  
Protection Of Human Rights ◽  
The Individual

As Falk notes, the International Criminal Court represents an idealistic mentality, optimistic about the possibility of reforming the international system in order to prevent certain behaviour by establishing an international authority capable of punishment and deterrence. Growing support for the International Criminal Court can be directly related to the growth of legal regimes committed to the protection of human rights, and to the growth of international humanitarian law, which presupposes a conception of the individual as the bearer of rights and obligations, as well as an interest in protecting the individual from gross violations of human rights. Now that the International Criminal Court has received sufficient ratifications from Member States of the United Nations, it exists as a legal entity with jurisdiction over international crimes and a mandate to hold perpetrators of human rights abuses accountable for their actions. As such, the Court can be seen as a declaration that certain behaviour will not be tolerated by the international community, and that individuals will be held accountable for violating these standards.

The International Criminal Court and Africa

2017 ◽  
Keyword(s):  
International Criminal Court ◽  
International Criminal ◽  
Criminal Court ◽  
International Criminal Law ◽  
Political Issues ◽  
International Crimes ◽  
National Implementation ◽  
Heads Of State ◽  
The Relationship

Africa has been at the forefront of contemporary global efforts towards ensuring greater accountability for international crimes. But the continent’s early embrace of international criminal justice seems to be taking a new turn with the recent pushback from some African states claiming that the emerging system of international criminal law represents a new form of imperialism masquerading as international rule of law. This work analyses the relationship and tensions between the International Criminal Court (ICC) and Africa. It traces the origins of the confrontation between African governments, acting individually or within the framework of the African Union, and the permanent Hague-based ICC. Topics examined include Africa, the ICC, and universal jurisdiction; the controversial use of the prosecutor’s proprio motu power to initiate investigations in Africa; national implementation of the ICC statute in Africa; the complementarity principle; the sequencing of justice and peace; the question of immunity of sitting heads of state; the controversial role of the UN Security Council in referring and deferring situations under ICC investigation; the role of African domestic and traditional courts in the fight against impunity as well as the recent withdrawal of some African states parties from the ICC. Leading commentators offer valuable insights on the core legal and political issues that have bedevilled the relationship between the two sides and expose the uneasy interaction between international law and international politics.

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