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.

Repräsentationen von Massengewalt

2017 ◽  
Author(s):  
Joachim C. Savelsberg
Keyword(s):  
Field Theory ◽  
Comparative Analysis ◽  
Criminal Law ◽  
International Criminal ◽  
Humanitarian Aid ◽  
International Criminal Law ◽  
Mass Violence ◽  
Governmental Organizations ◽  
Non Governmental Organizations ◽  
Foreign Ministries

With the expansion of international criminal law, the causation and exercise of mass violence is increasingly criminalized. However, the fields of humanitarian aid and diplomacy generate representations completely different from what criminal law suggests. A comparative analysis of eight countries reveals variable susceptibilities for these competing narratives. The empirical evidence is based on a content analysis of more than 3,000 newspaper articles on violence in Darfur and on interviews with African correspondents and specialists in non-governmental organizations and foreign ministries of the eight countries. The analysis suggests differentiations in argumentation concerning field theory as well as theories of globalization.

Procedural Justice in International Criminal Courts: Assessing Civil Parties’ Perceptions of Justice at the Extraordinary Chambers in the Courts of Cambodia

2016 ◽  
Vol 16 (1) ◽  
pp. 1-38 ◽  
Author(s):  
Rachel Killean
Keyword(s):  
Procedural Justice ◽  
Transitional Justice ◽  
International Criminal ◽  
International Criminal Law ◽  
Criminal Courts ◽  
Unique Case ◽  
Mass Violence ◽  
Participant Satisfaction ◽  
Decision Making Processes

Procedural justice advocates argue that fair procedures in decision making processes can increase participant satisfaction with legal institutions. Little critical work has been done however to explore the power of such claims in the context of mass violence and international criminal justice. This article critically examines some of the key claims of procedural justice by exploring the perceptions of justice held by victims participating as Civil Parties in the Extraordinary Chambers in the Courts of Cambodia (eccc). The eccc has created one of the most inclusive and extensive victim participation regimes within international criminal law. It therefore provides a unique case study to examine some of claims of ‘victim-centred’ transitional justice through a procedural justice lens. It finds that while procedural justice influenced civil parties’ overall perceptions of the Court, outcomes remained of primary importance. It concludes by analysing the possible reasons for this prioritisation.

How Propaganda Works: Nationalism, Revenge and Empathy in Serbia

2020 ◽  
Vol 20 (5) ◽  
pp. 403-431
Author(s):  
Jordan Kiper ◽  
Yeongjin Gwon ◽  
Richard Ashby Wilson
Keyword(s):  
Criminal Law ◽  
International Criminal ◽  
Expert Witness ◽  
Causal Link ◽  
Bayesian Regression ◽  
International Criminal Law ◽  
Mass Violence ◽  
Brain Sciences ◽  
War Propaganda ◽  
Legal Judgments

Abstract What is the relationship between war propaganda and nationalism, and what are the effects of each on support for, or participation in, violent acts? This is an important question for international criminal law and ongoing speech crime trials, where prosecutors and judges continue to assert that there is a clear causal link between war propaganda, nationalism, and mass violence. Although most legal judgments hinge on the criminal intent of propagandists, the question of whether and to what extent propaganda and nationalism interact to cause support for violence or participation remains unanswered. Our goal here is to contribute to research on propaganda and nationalism by bridging international criminal law and the behavioral and brain sciences. We develop an experiment conducted with Serbian participants that examines the effects of propaganda as identified in the latest international speech crime trial as causing mass violence, and thereby test hypotheses of expert witness Anthony Oberschall’s theory of mass manipulation. Using principal components analysis and Bayesian regression, we examine the effects of propaganda exposure and prior levels of nationalism as well as other demographics on support for violence, ingroup empathy, and outgroup empathy. Results show that while exposure to war propaganda does not increase justifications of violence, specific types of war propaganda increase ingroup empathy and decrease outgroup empathy. Further, although nationalism by itself is not significant for justifying violence, the interaction of increased nationalism and exposure to violent media is significant for altering group empathies. The implications of these findings are discussed with respect to international criminal law and the cognitive science of nationalism.

scholarly journals Philosophy of Law and International Criminal Law: Between Peace and Morality

2014 ◽  
Vol 14 (4-5) ◽  
pp. 738-767 ◽  
Author(s):  
Giorgio Bongiovanni ◽  
Giovanni Sartor ◽  
Chiara Valentini
Keyword(s):  
Criminal Law ◽  
Transitional Justice ◽  
Ad Hoc ◽  
International Criminal ◽  
Criminal Court ◽  
International Criminal Law ◽  
Legal Foundation ◽  
Hans Kelsen ◽  
Legal Concepts ◽  
Second World

The legal philosophy of the 20th century has contributed to the development of international criminal law by rethinking fundamental legal concepts and theories concerning the nature of international law, its relation with national laws, the connection between the law and the State, and the very idea of responsibility. This was achieved, in the first place, through the reflection of Hans Kelsen, who put forward the idea of a system of enforceable criminal norms at the international level, directed at individuals and having a positive legal foundation. In the years immediately following the Second World War, a number of legal theorists and, in particular, Gustav Radbruch, argued in favour of a necessary connection between law and morality, on whose basis it could be claimed that the worst atrocities were punishable even when allowed by state norms, and even in the absence of positive international norms. In the last decade, the practice of international criminal law, through ad hoc tribunals and the International Criminal Court, has stimulated theoretical reflections on a variety of further fundamental issues, like impartiality, judicial truth, justification of punishment, side-effects of prosecution and transitional justice.

International Criminal Law and Transitional Justice in Brazil

2010 ◽  
Vol 10 (4) ◽  
pp. 509-534
Author(s):  
Maria Ereza Rocha de Assis Moura ◽  
Fabíola Girão Monteconrado ◽  
Marcos Zilli
Keyword(s):  
Criminal Law ◽  
Transitional Justice ◽  
International Criminal ◽  
International Criminal Law ◽  
Military Dictatorship ◽  
The Public ◽  
The Social ◽  
Political Interpretation ◽  
Definition Of ◽  
The Military

AbstractIn the Brazilian legal system there is no tradition in recognising the applicability of international criminal law over domestic law. In two cases judged by the STF, the Haximu Massacre and Siegfried Ellwanger, only tangential questions were addressed. In the first, the arguments concentrated on examining the legal definition of the crime of genocide and its distinction from homicide. In the second, the questions revolved around the social, historical, and political interpretation of the word "race" in the judgment of a defendant who had published anti-Semitic and "revisionist" books and articles about the Holocaust. Brazil has also demonstrated itself to be somewhat refractory in incorporating the principles of international criminal law when examining the Justice of Transition. In a recent decision, the STF affirmed the constitutionality of Law No. 6,683/79, which granted amnesty to the perpetrators of political crimes and the public agents responsible for torture and the forced disappearance of people during the military dictatorship. In summary, the Justices recognised as valid the political agreement that led to the promulgation of the Amnesty Law in such a way that any alteration of its terms could only be made by the National Congress.

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).

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