scholarly journals Gender Justice Beyond the Tribunals: From Criminal Accountability to Transformative Justice

AJIL Unbound ◽  
2016 ◽  
Vol 110 ◽  
pp. 227-233
Author(s):  
Kirsten Campbell
Keyword(s):  
Criminal Justice ◽  
Sexual Violence ◽  
Ad Hoc ◽  
International Criminal ◽  
International Criminal Tribunal ◽  
Gender Justice ◽  
International Criminal Justice ◽  
Transformative Justice ◽  
International Criminal Tribunals ◽  
Gender Based

What are the legacies for gender justice of the International Criminal Tribunal for the former Yugoslavia (ICTY) and the International Criminal Tribunal for Rwanda (ICTR)? Darryl Robinson and Gillian MacNeil in this symposium describe the modernization of the law on sexual violence as a key legacy of the ad hoc international criminal tribunals. However, this characterization does not capture the wider challenges that gender based crimes have raised for the Tribunals, including other legacies of gendered hierarchiesand inequalities.How, then, is it possible to move past these issues to build international criminal justice so that it transforms, rather than reproduces, gendered injustices?

scholarly journals Leaving Legacies Open-Ended: An Invitation for an Inclusive Debate on International Criminal Justice

AJIL Unbound ◽  
2016 ◽  
Vol 110 ◽  
pp. 205-208
Author(s):  
Eyal Benvenisti ◽  
Sarah M.H. Nouwen
Keyword(s):  
Criminal Justice ◽  
Interest Groups ◽  
International Law ◽  
Ad Hoc ◽  
International Criminal ◽  
International Criminal Tribunal ◽  
Former Yugoslavia ◽  
International Criminal Justice ◽  
International Criminal Tribunals ◽  
The Creation

As a response to the Symposium on the International Criminal Tribunals for the former Yugoslavia and Rwanda published by the American Journal of International Law on the occasion of the tribunals’ closure, this AJIL Unbound Symposium intends to broaden the debate on the “legacies” of those courts. The AJIL Symposium contains articles on the creation of the International Criminal Tribunal for the former Yugoslavia (ICTY) and the International Criminal Tribunal for Rwanda (ICTR); the ad hoc tribunals’ jurisprudential contributions; and their extra-legal impacts and legacies. The concept of “legacy” is itself contested and the appropriateness of the courts’ own efforts to consolidate it may be questioned, especially as they have barely ended (or are about to end) their work. Nevertheless, their over two decades of existence does provide an occasion to assess all they have done and not done, and have affected, intentionally and unintentionally. Against that background, we have invited a group of scholars to respond to the AJIL Symposium and to reflect upon the work of the tribunals with a view to enriching the debate with more voices, from different regions, from different interest groups, and from different disciplines.

The ICTY is Dead! Long Live the ICTY!

2020 ◽  
pp. 71-82
Author(s):  
Carsten Stahn
Keyword(s):  
Criminal Justice ◽  
International Criminal ◽  
International Criminal Tribunal ◽  
Institutional Culture ◽  
Former Yugoslavia ◽  
International Criminal Justice ◽  
International Criminal Tribunals ◽  
History Of ◽  
The Many

The chapter sets the International Criminal Tribunal for the former Yugoslavia (ICTY) legacies into a broader context of international criminal justice. It presents different approaches towards the many legacies of the ICTY. The chapter engages with the several phases that the Tribunal has passed, discussing their positive and negative points. It then examines the normative legacy of the ICTY, arguing that, although some gaps exist, the overall record of the ICTY is marked with several normative innovations. The chapter then visits the procedural legacy of the ICTY, in the sense of how the Tribunal made justice heard and seen. Lastly, the chapter discusses the institutional culture of the ICTY and its legacy to other international criminal tribunals. With this analysis, the chapter claims that the ICTY legacies are living beings, which will continue to be transformed throughout the history of international criminal justice.

The Legitimacy of International Criminal Tribunals and the Current Prospects of International Criminal Justice

2012 ◽  
Vol 25 (2) ◽  
pp. 491-501 ◽  
Author(s):  
ANTONIO CASSESE
Keyword(s):  
Criminal Justice ◽  
International Criminal Court ◽  
International Criminal ◽  
International Criminal Tribunal ◽  
Criminal Court ◽  
The Other ◽  
International Criminal Justice ◽  
Criminal Courts ◽  
Complex Concept ◽  
International Criminal Tribunals

AbstractHaving identified the differences between the concept of legality and the much more complex concept of legitimacy, the author scrutinizes the legality and the legitimacy of the existing international criminal tribunals. Their legality has been put in doubt only concerning the International Criminal Tribunal for the former Yugoslavia (ICTY) and the Special Tribunal for Lebanon (STL), but the criticisms have been or could be overcome. Assessing the legitimacy of these tribunals is instead a more difficult task. In fact, misgivings have been voiced essentially concerning the legitimacy of the ICTY and the STL, but not the International Criminal Court (ICC) and the other international criminal courts. The legitimacy of the STL in particular deserves to be discussed: even assuming that the STL initially lacked some forms of legitimacy, it could achieve it – or confirm it – through its ‘performance legitimacy’. The author then suggests what the realistic prospects for international criminal justice are. Convinced as he is that it is destined to flourish even more, he tries to identify the paths it is likely to take in future years.

scholarly journals Imageries of Self: Guilty Plea Statements in Sexual Violence Cases at the ICTY

2020 ◽  
pp. 105756772098265
Author(s):  
Anette Bringedal Houge
Keyword(s):  
Criminal Justice ◽  
Sexual Violence ◽  
International Criminal ◽  
International Criminal Tribunal ◽  
Legal Framework ◽  
Guilty Plea ◽  
Sexual Crimes ◽  
International Criminal Tribunals ◽  
The Icj ◽  
Court Proceedings

Focusing on the guilty plea statements in sex crimes cases at the International Criminal Tribunal for the former Yugoslavia, this article investigates the ways that defendants re-present themselves, their agencies, and their offenses in response to the legal framework within which they talk. While their acts are at the core of international criminal justice (ICJ), defendants are more often spectators than participants when their guilt is negotiated and judged. They have for the most part also been absent in research on ICJ. As defendants’ voices are rarely heard during proceedings, their guilty plea statements produce rare access to war criminal’s staging of self and individual agency. At international criminal tribunals, defendants have wide audiences beyond the courtroom, and when they do speak, their stories potentially influence not only the court proceedings but also wider cultural and societal narratives about wartime agency and sexual violence. After identifying a guilty plea script, this article draws attention to a consistent and intriguing silencing of sexual crimes in the past and to how the defendants’ imageries of present and future selves align with the ICJ effect narratives about the individually disciplining and rehabilitative character of criminal justice and its general deterrent effects.

International Criminal Court and Ad Hoc Tribunals

2008 ◽  
pp. 462-478
Author(s):  
Richard Goldstone
Keyword(s):  
International Law ◽  
International Criminal Court ◽  
Ad Hoc ◽  
International Criminal ◽  
International Criminal Tribunal ◽  
Criminal Court ◽  
International Criminal Justice ◽  
Single Model ◽  
Customary International Law ◽  
International Criminal Tribunals

This article discusses contemporary international efforts to consolidate and codify significant portions of existing customary international law. It studies the ad hoc tribunals of the UN and pinpoints the successes and failures of the International Criminal Tribunal for the former Yugoslavia (ICTY) and the International Criminal Tribunal for Rwanda. The ‘completion strategy’ of both international criminal tribunals is discussed. The article also covers the creation of ‘mixed’ courts and a single model for international criminal justice, namely the International Criminal Court.

13. International criminal justice

2021 ◽  
pp. 287-315
Author(s):  
Nicole Scicluna
Keyword(s):  
Cold War ◽  
Criminal Justice ◽  
International Law ◽  
International Politics ◽  
International Criminal ◽  
International Criminal Tribunal ◽  
Individual Responsibility ◽  
International Criminal Justice ◽  
International Criminal Tribunals ◽  
The Cold War

This chapter assesses whether international politics can be conducted in the courtroom. It begins with an analysis of the post-Second World War Nuremberg tribunal. While flawed in many ways, these proceedings marked a significant change in thinking about international crimes and individual responsibility. Though the onset of the Cold War prevented the translation of the Nuremberg legacy into more permanent, treaty-based international institutions, the ideas Nuremberg incubated were to have a lasting impact on international law. As in so many other areas of international law and international politics, the end of the Cold War was a watershed. The 1990s saw the revival of ad hoc international criminal tribunals, most notably the International Criminal Tribunal for Yugoslavia and the International Criminal Tribunal for Rwanda. The chapter then examines the International Criminal Court, which is, in many ways, the culmination of efforts to institutionalize international criminal justice.

International Criminal Justice and the New Promise of Therapeutic Jurisprudence

2017 ◽  
pp. 214-247
Author(s):  
Jean de Dieu Sikulibo
Keyword(s):  
Criminal Justice ◽  
Sexual Violence ◽  
International Criminal ◽  
Healing Process ◽  
Integrative Approach ◽  
Complex Nature ◽  
International Criminal Justice ◽  
International Criminal Tribunals ◽  
Justice Process ◽  
Criminal Justice Process

For centuries, rape and other forms of sexual violence have always been an integral aspect of warfare. Even so, it is rather recently that these practices have been recognized as crimes and prosecutions undertaken by international criminal tribunals. Whilst the ad hoc international tribunals for the former Yugoslavia and Rwanda did not take an integrative approach to victims in the criminal justice process, the Rome Statute of the International Criminal Court (ICC) took a victim-centred approach by setting out some provisions allowing victims to actively participate in proceedings beyond their traditional role of witnesses. This chapter sets out to critically examine the effectiveness of the ICC victims' rights framework in achieving this objective in sexual violence cases. Drawing on the complex nature of experiences of victims of such crimes, this chapter engages with the various aspects of the relatively recent approach of victims' participation in international criminal justice process to highlight prospects and challenges in facilitating the healing process of victims of such crimes.

scholarly journals Divided We Stand? The AD HOC Tribunals and the CEE Region

AJIL Unbound ◽  
2016 ◽  
Vol 110 ◽  
pp. 240-244
Author(s):  
Veronika Bílková
Keyword(s):  
Criminal Justice ◽  
International Criminal Court ◽  
Central And Eastern Europe ◽  
Ad Hoc ◽  
International Criminal ◽  
Criminal Court ◽  
International Criminal Justice ◽  
International Criminal Tribunals ◽  
Un Security Council ◽  
The Military

After WWII, countries of Central and Eastern Europe (CEE) actively backed the establishment of the military tribunals in Nuremberg and Tokyo. In the early 1990s, when the International Criminal Tribunals for the Former Yugoslavia (ICTY) and for Rwanda (ICTR) were created by the UN Security Council, the CEE countries again lent uniform, albeit largely rhetorical support to these institutions. A quarter of a century later, this uniformity seems to be gone. While the CEE countries continue to express belief in international criminal justice, they no longer agree with each other on whether this justice has actually been served by the ad hoctribunals. The diverging views on the achievements of the ICTY and ICTR might also partly account for the differences in the approach to the permanent International Criminal Court (ICC), though the grounds for these differences are more complex.

Justice pénale internationale pour la paix et la réconciliation

2007 ◽  
Vol 7 (2-3) ◽  
pp. 391-424 ◽  
Author(s):  
Mohammed Ayat
Keyword(s):  
Criminal Justice ◽  
Armed Conflict ◽  
Ad Hoc ◽  
International Criminal ◽  
International Criminal Tribunal ◽  
International Community ◽  
International Criminal Justice ◽  
The Past ◽  
International Tribunals ◽  
Judicial Recognition

AbstractInternational criminal justice has made a tremendous leap forward since the mid-1990s. Gradually, it tends to reacting more and more to situations of armed conflict with declared objectives aiming at restoring peace and bringing about reconciliation among people. To what extent have these objectives been achieved?This article is revolves around this important question. The analysis is particularly focused on the case of the International Criminal Tribunal for Rwanda, where the author has been working for the past ten years. Ad hoc international tribunals have helped formalizing the judicial recognition by the international community of crimes that go against the conscience of the entire mankind. They consecrate their disapproval of the commission of such offences. In so doing, they contribute towards fighting impunity, which has for long been associated with those offences. They function in an environment where conventional national jurisdictions would have found it difficult to operate with efficiency. The author is neither overestimating nor underestimating their contribution. It is presented as one of the components in a reply that is inescapably of a multiple nature, to some complex situations where a remedy is as difficult as the illness to be cured. It is in this perspective that such contribution is indeed appreciated.

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