Introduction

2018 ◽  
Author(s):  
Diane Orentlicher
Keyword(s):  
North Atlantic ◽  
Transitional Justice ◽  
International Criminal ◽  
International Justice ◽  
The European Union ◽  
Criminal Courts ◽  
Dynamic Nature ◽  
Political Conditions ◽  
Local Impact ◽  
External Actors

This chapter previews the book’s recurring themes, highlighting the dynamic nature of an international court’s impact in countries directly affected by its work. The ICTY’s local impact has been a function not only of its own performance, but also of evolving social and political conditions in Bosnia and Serbia. Those conditions have, in turn, have been influenced by the policies of external actors, including the European Union and North Atlantic Treaty Organization (NATO). The introduction also highlights the book’s contributions to two related questions: (1) What goals should be ascribed to international criminal courts?; and (2) Under what conditions, and to what extent, can international justice advance aims widely associated with home-grown measures of transitional justice?

Some Kind of Justice

2018 ◽  
Author(s):  
Diane Orentlicher
Keyword(s):  
Transitional Justice ◽  
Interdisciplinary Research ◽  
International Criminal ◽  
International Criminal Tribunal ◽  
War Crimes ◽  
International Justice ◽  
Former Yugoslavia ◽  
Local Impact ◽  
Over Time

Created in 1993, the International Criminal Tribunal for the former Yugoslavia (ICTY) has operated longer than any war crimes tribunal in history. It thus offers a singularly important case study of how and why the local impact of an international criminal tribunal (ICT) evolves over time; the circumstances in which international justice can advance the normative, reparative, and other aims of transitional justice; and, more generally, the goals ICTs are either well-suited or unlikely to advance. The book explores the ICTY’s impact in Serbia, whose wartime leader plunged the former Yugoslavia into vicious ethnic conflict, and Bosnia-Herzegovina, which experienced searing atrocities culminating in the Srebrenica genocide, over the life of the Tribunal. It focuses on the Tribunal’s impact in three spheres: victims’ experience of justice; official, elite, and community discourses about wartime atrocities, as well as official gestures of acknowledgment; and domestic accountability processes, including the work of a hybrid court in Bosnia. While highlighting the perspectives of Bosnians and Serbians interviewed by the author, the book incorporates a rich body of interdisciplinary research to deepen their insights.

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.

Justice After Atrocity

2020 ◽  
Author(s):  
Richard Ashby Wilson
Keyword(s):  
Transitional Justice ◽  
International Criminal ◽  
Local Communities ◽  
Truth Commissions ◽  
Crimes Against Humanity ◽  
Criminal Courts ◽  
National Politics ◽  
Legal Remedy ◽  
Complex Process ◽  
Mediation Processes

Anthropologists have been critical of the global asymmetries of knowledge and power embedded in justice institutions established in the aftermath of violence. Truth commissions and mediation processes may be coopted by states seeking to nation-build and extend their coercive and normative capacity in local communities. International criminal courts may impose an alien version of justice that disrupts national politics and a peace process, and they often misapprehend the causes of mass crimes because they employ a form of legal inquiry that is far removed from local historical contexts. Litigation against companies for complicity in crimes against humanity may raise survivors’ expectations, only to dash them when states refuse to recognize universal jurisdiction. Even when legal recourse is not successful, new social movements focused on accountability, reparations, and legal remedy can emerge that engender new forms of sociality and political subjectivity. Anthropological investigations into transitional justice reveal a complex process in which survivors can recover an emancipatory political agency, and anthropologists testifying as experts often influence outcomes more than anticipated.

International justice as a contested domain: a crisis of international criminal courts?

2019 ◽  
Vol 30 (2) ◽  
pp. 93-106
Author(s):  
Galina Nelaeva ◽  
◽  
Natalia Sidorova ◽  
Elena Khabarova ◽  
◽  
...  
Keyword(s):  
International Criminal ◽  
International Justice ◽  
Criminal Courts

scholarly journals The Borderlands between Punitive and Non-punitive Transitional Justice: Distinct Elites and Diverging Patterns of Import/export

2020 ◽  
Author(s):  
Mikkel Jarle Christensen
Keyword(s):  
Criminal Law ◽  
Transitional Justice ◽  
International Institutions ◽  
International Criminal ◽  
The State ◽  
International Criminal Law ◽  
Professional Practices ◽  
Criminal Courts ◽  
Truth And Reconciliation ◽  
Truth And Reconciliation Commissions

Abstract∞ Transitional justice consists of different ideals and practices that both coexist and conflict. This article investigates the socio-professional borderlands between punitive and non-punitive transitional justice initiatives by analyzing elites working in either international criminal courts, or truth and reconciliation commissions. While they were marginally linked, the professional practices of these elites were structured by their distinct positions in the larger market of transitional justice. Professionals of international criminal law were tied to international institutions from where they were often on the exporting side of particular internationalized, punitive norms and practices. In contrast, professionals involved with truth and reconciliation were closely connected to states that structured their import/export of internationalized, non-punitive initiatives. Punitive and non-punitive transitional justice was characterized not only by competing ideals and practices, but was embedded in distinct elites whose proximity to or distance from the state structured the circulation of transitional justice ideas and practices.

Standing Up for Justice

2021 ◽  
Author(s):  
Theodor Meron
Keyword(s):  
International Criminal ◽  
International Justice ◽  
Crimes Against Humanity ◽  
Judicial Decision ◽  
Criminal Courts ◽  
Judicial Decision Making ◽  
The Rule Of Law ◽  
Legal Principle ◽  
Standing Up ◽  
Atrocity Crimes

This book discusses international criminal justice. While many books on this topic have focused on crimes and procedures, this book deals with process and the judicial function, the rule of law and the principle of fairness in trying atrocity crimes, genocide, crimes against humanity and war crimes. It studies judicial independence and impartiality in international criminal courts, shedding light on the mystery of judicial decision-making and deliberations. Notably, the book addresses the controversial subjects of acquittals and the early release of prisoners. While acquittals are often seen as a failure of international justice, the book argues that legal principle must come before any extraneous purpose, however desirable that purpose may be. Finally, the book looks at the challenges facing the future of international justice and accountability.

International legal immunities and privileges of the Рrosecutor amicus curiae

2020 ◽  
Vol 22 (3) ◽  
pp. 55-63
Author(s):  
EKATERINA A. KOPYLOVA ◽  
Keyword(s):  
Ad Hoc ◽  
International Criminal ◽  
Legal Regulation ◽  
Criminal Court ◽  
International Treaties ◽  
Amicus Curiae ◽  
Criminal Courts ◽  
Criminal Proceedings ◽  
International Criminal Tribunals ◽  
Foreign Science

The article considers the international legal regime of immunities and privileges of amicus curiae prosecutors of international criminal courts which are intended to ensure independent and unhindered performance of their functions in prosecuting crimes against the administration of justice. Due to the lack of doctrinal research in this field, whether in the domestic or foreign science of international law, the study is characterized by scientific novelty. Its empirical basis is constituted of the provisions of international treaties governing the immunities and privileges of staff of the ad hoc international criminal tribunals and the International Criminal Court. It is noted that today the state of international legal regulation of immunities and privileges of amicus curiae prosecutors is not quite satisfactory as it contains significant gaps. Two possible approaches to determining the scope of the immunities and privileges of amicus curiae prosecutors are identified: the first based on their status and the second – on the functions they perform. Their critical analysis leads to the conclusion that the functional approach is more in line with the principle of equality of arms in international criminal proceedings. As a result of its application, the scope of the immunities and privileges of amicus curiae prosecutors coincides with the scope of the immunities and privileges granted to staff of the Offices of Prosecutors at the international criminal tribunals.

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