Dissident Voices in International Criminal Law

2015 ◽  
Vol 28 (3) ◽  
pp. 673-689 ◽  
Author(s):  
MIKAEL BAAZ
Keyword(s):  
Soviet Union ◽  
Rule Of Law ◽  
Transitional Justice ◽  
Former Soviet Union ◽  
International Criminal ◽  
Moral Agent ◽  
International Criminal Law ◽  
The Rule Of Law ◽  
Post Conflict ◽  
The Cold War

Since the end of the Cold War, societies from the former Soviet Union and others throughout Eastern Europe, Africa, Asia, and Latin America have overthrown dictators and other authoritative rulers in the hope of allowing democracy, the rule of law, and human rights. In some cases, the change has been violent and drawn out, while in other cases the change has been quick and (more or less) non-violent. Regardless of whether the change has been violent or not, a crucial question during and after transition is: In what ways should post-authoritarian and/or post-conflict societies deal with their ‘evil’ past in order to ‘enable the state itself to [once again] function as a moral agent’? This question constitutes the very core of what is known as ‘transitional justice’ (TJ).

Stakeholder Theory and Justice Issues: The Leap from Business Management to Contemporary International Law

2010 ◽  
Vol 10 (2) ◽  
pp. 143-180
Author(s):  
Bronik Matwijkiw ◽  
Anja Matwijkiw
Keyword(s):  
United Nations ◽  
International Law ◽  
Stakeholder Theory ◽  
Rule Of Law ◽  
Transitional Justice ◽  
Business Management ◽  
Secretary General ◽  
The Rule Of Law ◽  
Post Conflict ◽  
The United Nations

AbstractIn this article, the two authors examine the leap from business management to contemporary international law in the context of stakeholder theory. Because stakeholder theory was developed for business management, they provide a thorough account of the original framework. Furthermore, to illustrate the theory's application as a recently adopted parameter for the United Nations, they use former Secretary-General Kofi Atta Annan's 2004-report to the Security Council, "The Rule of Law and Transitional Justice in Conflict and Post-Conflict Societies". Proceeding on the hypothesis that while all premises ultimately match traditional positions in general jurisprudence, it appears that stakeholder theory nevertheless forces the United Nations to take sides in an unprecedented manner, especially pertaining to rights-typology and the credentials-checking for this. Finally, some of the most important implications are distilled as part of an attempt to formulate a few recommendations for United Nations justice managers and administrators.

Stakeholder Applications

2014 ◽  
Vol 14 (4-5) ◽  
pp. 944-968
Author(s):  
Anja Matwijkiw ◽  
Bronik Matwijkiw
Keyword(s):  
International Relations ◽  
International Law ◽  
Rule Of Law ◽  
Criminal Law ◽  
Critical Reflection ◽  
International Criminal ◽  
Legal Theory ◽  
International Criminal Law ◽  
The Rule Of Law ◽  
Separation Thesis

Given that talk about “stakeholders” have become commonplace in international law and international relations, the authors examine some of the issues that arise from an account of the theoretical, jurisprudential, and doctrinal parameters that can be derived from competing frameworks. For the specific purpose of international criminal law, the authors concentrate on the single most important question: whether stakeholder applications constitute advantages or disadvantages in a philosophy of law approach to the rule of law. It appears that current matches with concepts, norms and strategies warrant, as a minimum, more critical reflection. Incorporating stakeholder applications from various UN-documents, the ambiguities and inadequacies of these – in comparison to non-UN alternatives and contemporary legal theory of an idealist and progressive orientation even seem to substantiate arguments against too close affiliations with the trend, especially because the separation thesis recently re-emerged in broad frameworks.

Transitional justice and sanctions

2008 ◽  
Vol 90 (870) ◽  
pp. 371-398 ◽  
Author(s):  
Eric Sottas
Keyword(s):  
Rule Of Law ◽  
Transitional Justice ◽  
Institutional Changes ◽  
The Rule Of Law ◽  
Post Conflict ◽  
Conflict Situations ◽  
The Relationship

AbstractTransitional justice aims at once to restore victims' dignity, build confidence between warring groups and foster the institutional changes needed to bring about a new relationship within the population, in order to usher in the rule of law without endorsing practices that amount to total or partial impunity. In situations of post-conflict, however, governments are also faced with other pressing needs, such as disarming fighting forces, improving civilian security, compensating victims and relaunching the economy of a society in ruins. This article explores the relationship between these needs and transitional justice mechanisms, and critically evaluates their influence on the forms justice has taken in post-conflict situations.

M. Cherif Bassiouni (1937–2017)

2018 ◽  
Author(s):  
Anja Matwijkiw ◽  
Bronik Matwijkiw
Keyword(s):  
World War Ii ◽  
Law Enforcement ◽  
International Criminal ◽  
International Criminal Law ◽  
World War ◽  
The Rule Of Law ◽  
Post Conflict ◽  
Human Rights Advocacy ◽  
Global Law

Professor M. Cherif Bassiouni’s death sent shockwaves through the community of legal scholars and practitioners. As an influential figure in the post–World War II era, Bassiouni helped determine the direction of international criminal law and international criminal justice. Bassiouni joined the Editorial Board of The Global Community YILJ in 2001, upon the invitation of its founder and General Editor Giuliana Ziccardi Capaldo. Like the United Nations and the various universities, institutes and societies Bassiouni served, the Yearbook is saddened by the loss of a modern master. His contributions cover doctrine, human rights advocacy that accentuates humanistic values, holistic post-conflict justice principles and projects, together with a life-long campaign for fair (global) law-making and (global) law-enforcement. With the death of Bassiouni, the community witnessed the departure of one of the innovative, inspirational and illustrious masterminds in the fight against impunity and realpolitik and for accountability and the rule of law.

s.VIII Boundaries, Ch.30 International Criminal Law and the Subordination of Emancipation: The Question of Legal Hierarchy in Transitional Justice

2020 ◽  
Author(s):  
Fletcher Laurel E
Keyword(s):  
Social Justice ◽  
Criminal Law ◽  
Transitional Justice ◽  
International Criminal ◽  
Point Of View ◽  
International Criminal Law ◽  
Mass Violence ◽  
The Rule Of Law ◽  
Social Project ◽  
High Degree

This chapter is a critique of international criminal law (ICL) from the point of view of transitional justice, interrogating the former’s increasingly hegemonic role in relation to the latter. International criminal ‘legalism’, as this chapter argues, diverts attention from broader, emancipatory, social justice aims to address rights of victims or the structural, systemic dimensions that fuelled mass violence. It points out that the goals of transitional justice have always been framed more broadly, whereas ICL’s own goals are, at least nominally, much narrower (punishing individuals) and somewhat detached from their social finality. Yet for all its limitations, ICL does continue to command a high degree of authority, even within the field of transitional justice itself. This is in no small part because transitional justice is grounded in a rights-based approach that is itself committed to accountability. The chapter then tests this argument by looking at the Darfur crisis. It ends with a note of skepticism about the power of legalism, beyond its undeniable contribution to upholding the rule of law, to formulate an emancipatory social project.

scholarly journals Transitional justice discourse in post-conflict societies in Africa: introduction

2021 ◽  
Vol 9s2 ◽  
pp. 1-7
Author(s):  
Elias O. Opongo
Keyword(s):  
Soviet Union ◽  
Transitional Justice ◽  
Former Soviet Union ◽  
Truth Commissions ◽  
Truth Telling ◽  
African Countries ◽  
Post Conflict ◽  
Conflict Resolution Strategies ◽  
New Vision ◽  
Democratic Spaces

Post-conflict reconstruction has emerged as one the major issues of concern in Africa in the last three decades. Since the end of the Cold War following the fall of the Berlin Wall in 1989, many African countries embraced multiparty systems that expanded democratic spaces. With this came the claim to justice and consciousness on the need to reconstruct a new vision of the nation, a vision that is based on social cohesion. This led to calls for democratisation in a number of African countries as well as in Latin America, Eastern Europe, and, in particular, former Soviet Union countries. In Africa, the approach taken by different countries varied from elaborate transitional justice processes that involved truth commissions to national dialogue processes that called for political compromise without putting into place any formal transitional justice process. The articles in this supplementary issue on transitional justice discourse in post-conflict societies in Africa draw attention to diverse contextual issues on post-conflict reconstruction in the continent. These articles bring together divergent discourses, experiences, theorisations, and interpretations of transitional processes while calling for a new way of assessing truth-telling processes within the purview of legal frameworks, gender and cultural sensitivities, peace sustainability, and conflict resolution strategies in Africa. The articles open up debate on the extent to which transitional justice processes contribute to peace and sustainability in Africa, and what could be done to improve this important post-conflict reconstruction initiative.

Victory and the Ending of Conflicts

2017 ◽  
Author(s):  
Eric Patterson
Keyword(s):  
Rule Of Law ◽  
Just War ◽  
Conflict Situation ◽  
State Agency ◽  
Political Leaders ◽  
The Rule Of Law ◽  
Jus Post Bellum ◽  
Post Conflict ◽  
War Aims ◽  
Just Peace

Scholars and political leaders have recently grown increasingly uncomfortable with terms like victory and ‘unconditional surrender’. One reason for this becomes clear when reconsidering the concept of ‘victory’ in terms of ethics and policy in times of war. The just war tradition emphasizes limits and restraint in the conduct of war but also highlights state agency, the rule of law, and appropriate war aims in its historic tenets of right authority, just cause, and right intention. Indeed, the establishment of order and justice are legitimate war aims. Should we not also consider them exemplars, or markers, of just victory? This chapter discusses debates over how conflicts end that have made ‘victory’ problematic and evaluates how just war principles—including jus post bellum principles—help define a moral post-conflict situation that is not just peace, but may perhaps be called ‘victory’ as well.

Does Aid Fragmentation Affects Growth: The Case of Nepal

2021 ◽  
pp. 097215092110115
Author(s):  
Kishor Sharma ◽  
Badri Bhattarai
Keyword(s):  
Cold War ◽  
Soviet Union ◽  
Former Soviet Union ◽  
Empirical Results ◽  
Country Level ◽  
Reporting Requirements ◽  
The Usa ◽  
Strategic Position ◽  
The Cold War ◽  
India And China

Nepal’s strategic position and open border with India and China have attracted unusually high attention, particularly during the Cold War era, not only from these two large neighbours but also from European countries, the USA and the former Soviet Union. However, despite decades of aid inflows, Nepal remains one of the poorest countries. While debate over aid–growth nexus remains unsettled, our empirical results do suggest that aid fragmentation is detrimental to growth, perhaps due to increased administrative burden to manage a large number of small projects and meet reporting requirements of the donor community. While we find that aid is good for growth, attracting uncoordinated and fragmented aid without the need for assessment can, in fact, do more harm than good. These findings point to the importance of coordinated aid approach not only at the country level but also among the donor community.

The “Kouwenhoven” Case

2019 ◽  
Vol 181 ◽  
pp. 568-704
Keyword(s):  
Criminal Law ◽  
Armed Conflict ◽  
International Criminal ◽  
Criminal Liability ◽  
Criminal Activity ◽  
War Crimes ◽  
International Criminal Law ◽  
Post Conflict ◽  
Arms Embargo ◽  
Witness Statements

Economics, trade and finance — Economic sanctions — Liberia — UN Security Council Resolutions 1343 (2001) and 1408 (2002) — Implementation of arms embargo under Dutch law — Whether sanctions regime violatedInternational criminal law — Difference between perpetrator and accomplice liability — Complicity in war crimes — Requirement that defendant promoted or facilitated the commission of war crimes — Conditional intent — Whether defendant consciously accepted the probability that war crimes would be committed in connection with his material support — Risk of doing business with a government engaged in international criminal activityInternational criminal law — Evidence — Admissibility and weight of witness statements — Factors relevant to assessing witness statements obtained in post-conflict environment — Coercion of witnesses — Whether inconsistencies in witness statements requiring acquittalInternational criminal law — Circumstances excusing unlawful conduct — National emergency — Whether violations of arms embargo and laws and customs of war justified by right to self-defence under international lawJurisdiction — Universal jurisdiction — War crimes — Prosecution of a Dutch national for offences committed abroad — Whether conduct of investigation by Dutch authorities making prosecution inadmissible — Whether amnesty scheme in Liberia barrier to prosecution — No violation of fair trial rightsWar and armed conflict — Existence of armed conflict — Whether armed conflict international or internal — Limited gap between norms applicable to international versus non-international armed conflict — Whether violations of laws and customs of war giving rise to individual criminal liability under Dutch law — The law of the Netherlands

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