Emotion, Affect, and Law

2021 ◽  
Author(s):  
Kamari Maxine Clarke
Keyword(s):  
International Criminal Court ◽  
International Criminal ◽  
Emotional Responses ◽  
Criminal Court ◽  
Crimes Against Humanity ◽  
Moral Legitimacy ◽  
Historical Processes ◽  
Affective Processes ◽  
Generational Trauma ◽  
Political Conditions

This chapter introduces perspectives within an emerging anthropology of emotion, affect, and the law, which traces how embodied emotional responses are mobilized socially and politically to reinforce the moral legitimacy of particular legalistic and technocratic solutions to the problem of violence in Africa. Taking the particular case of Dominic Ongwen, a convicted commander of the Ugandan Lord’s Resistance Army who was brought before the International Criminal Court for a range of crimes against humanity, we see the beginning of a trend to demonstrate methodologically an interrelationship between micro processes and macro and historical processes. This happens through a study of the emotive and affective processes that go into the making of individual ‘perpetrators’. But we also see that part of that process involves the necessary connection to the longue durée that makes such racial depictions immediately believable. Through an examination of both the psychosocial and complex historical and political conditions that underscore inter-generational trauma in postcolonial contexts, we see how the intersection of emotion, affects, and law has played out in the study of law and anthropology.

Individual Criminal Responsibility in International Human Rights Law: The Contribution of the International Criminal Court

1970 ◽  
Vol 1 ◽  
Author(s):  
Justin Mohammed
Keyword(s):  
International Criminal Court ◽  
International Criminal ◽  
Criminal Responsibility ◽  
International Criminal Tribunal ◽  
Criminal Court ◽  
Added Value ◽  
Crimes Against Humanity ◽  
International Human Rights Law ◽  
The Road ◽  
Individual Criminal Responsibility

The road to developing an international institutional capacity to prosecute crimes against humanity, war crimes, and genocide has been a long one, and has in many ways concluded with the establishment of the International Criminal Court (ICC). By looking at the Nuremberg and Tokyo Tribunals, the International Criminal Tribunal for Rwanda (ICTR) and International Criminal Tribunal for the Former Yugoslavia (ICTY), as well as the ICC, this paper traces the evolution of the concept of individual criminal responsibility to its present incarnation. It argues that while the ICC presents its own unique ‘added value’ to the prosecution of international criminals, its application of justice continues to be biased by the influence of powerful states.

Better Late than Never: Reparations for Sexual Violence in the Ntaganda case before the International Criminal Court

2021 ◽  
Vol 2 (1) ◽  
pp. 27-47
Author(s):  
Sunneva Gilmore
Keyword(s):  
Sexual Violence ◽  
International Criminal Court ◽  
International Criminal ◽  
Child Soldiers ◽  
Trial Chamber ◽  
Criminal Court ◽  
Crimes Against Humanity ◽  
Medical Background ◽  
Modest Contribution ◽  
First Time

The Prosecutor v Bosco Ntaganda case at the International Criminal Court (ICC) represents the long awaited first reparation order for sexual violence at the court. This will hopefully see the implementation of reparations for the war crimes and crimes against humanity of rape and sexual slavery among civilians and former child soldiers, after previous cases such as against Jean-Pierre Bembe and Laurent Gbagbo were acquitted of rape. This article drawing from the author's role as a reparation expert in the case, is a reflection on the challenges of designing and providing reparations at the ICC against convicted individuals, as well as amidst insecurity and the COVID-19 infectious disease pandemic. It begins by discussing how the Ntaganda reparation order expanded reparation principles for the first time since the Lubanga case, in particular for crimes of a sexual nature. This is followed by an outline of some of the harms as a result of sexual violence from the perspective of an expert with a medical background. The analysis then turns to the appropriate reparations in this case and the details contained within the chamber's reparation order. Final conclusions consider how the procedural and substantive elements of reparations in this case will be instructive to future cases that address sexual violence. Ultimately, key insights are offered on the modest contribution an appointed reparation expert can do in assisting a trial chamber in the reparation process.

International Criminal Court

2015 ◽  
Vol 3 (9) ◽  
pp. 41-51
Author(s):  
Charles B.A Ubah ◽  
Osy E. Nwebo
Keyword(s):  
Human Rights ◽  
International Criminal Court ◽  
Justice System ◽  
International Criminal ◽  
Criminal Court ◽  
Crimes Against Humanity ◽  
Human Rights Abuses ◽  
National Courts ◽  
Domestic Jurisdiction ◽  
National Governments

The principle of domestic jurisdiction in international law makes national governments responsible for protecting their citizens, investigating alleged abuses of human rights in their countries and bringing the perpetrators to justice. They governments may also extradite those accused of abuse of human rights to any other states prepared to give them a fair trial. Problem arises however, when governments are unable or unwilling to perform this duty or are themselves perpetrators of these crimes. Thus, millions of people have fallen victims of genocide, crimes against humanity and serious violations of humanitarian laws. But only very few of these perpetrators have been brought to justice in national courts as many governments claim sanctuary under the principle of domestic jurisdiction. The need therefore arises for the international community to act in order to protect helpless or defenseless citizens from being victims of crimes against humanity and human rights abuses, by bringing the perpetrators of these crimes to justice. The thrust of this article therefore, is that the creation of the International Criminal Court (ICC) fills this void by fulfilling a central and pivotal goal in international jurisprudence. This article, therefore, provides insights and lessons into the history and prospects of the International Criminal Court. These are insights and lessons that are too important and too costly to ignore in the 21st century understanding of international criminal justice system.

scholarly journals Managing Frozen Assets at the International Criminal Court

2020 ◽  
Vol 18 (3) ◽  
pp. 765-790
Author(s):  
Daley J Birkett
Keyword(s):  
International Criminal Court ◽  
International Criminal ◽  
War Crimes ◽  
Legal Framework ◽  
Trial Chamber ◽  
Criminal Court ◽  
Crimes Against Humanity ◽  
The Hague

Abstract On 8 June 2018, more than 10 years after his arrest, the Appeals Chamber of the International Criminal Court (ICC) reversed Jean-Pierre Bemba Gombo’s conviction by the Trial Chamber for crimes against humanity and war crimes, acquitting him of all charges. Soon after the start of his time in detention in The Hague, assets belonging to Bemba were frozen by states across a number of jurisdictions at the request of the ICC. Many of these assets remain frozen, more than 18 months after his acquittal. This article examines the consequences of prolonged asset freezes by the ICC through the lens of the Bemba case, demonstrating the existence of gaps in the legal framework applicable to the management of frozen assets under the ICC Statute system and suggesting possible responses thereto at the domestic and international levels.

scholarly journals Prosecutor v. Omar Hassan Ahmad Al-Bashir, Judgment in the Jordan Referral re Al-Bashir Appeal

2020 ◽  
Vol 114 (1) ◽  
pp. 103-109
Author(s):  
Angela Mudukuti
Keyword(s):  
International Criminal Court ◽  
Rome Statute ◽  
International Criminal ◽  
War Crimes ◽  
Criminal Court ◽  
Crimes Against Humanity ◽  
Arrest Warrant ◽  
Head Of State

In 2009, the International Criminal Court (ICC) stepped into uncharted waters as it issued its first arrest warrant for a sitting head of state, then President of Sudan Omar Al-Bashir. Following the UN Security Council's referral of the situation in the Darfur region of Sudan to the ICC, Al-Bashir was charged by the Court with war crimes and crimes against humanity, and in 2010, he was also charged with genocide. As a consequence, all of the states parties to the Rome Statute had a duty to arrest Al-Bashir. Several states have nonetheless failed to arrest him during country visits, allowing Al-Bashir to evade the ICC. This has given rise to a number of cases before the ICC Chambers, including this Appeals Chamber judgment regarding the Hashemite Kingdom of Jordan.

International Centre for Settlement of Investment Disputes (ICSID):Azurix Corporation V. the Argentine Republic

2004 ◽  
Vol 43 (2) ◽  
pp. 262-285
Keyword(s):  
International Criminal Court ◽  
International Criminal ◽  
Trial Chamber ◽  
Criminal Court ◽  
Concentration Camp ◽  
Former Yugoslavia ◽  
Crimes Against Humanity ◽  
Argentine Republic ◽  
Common Purpose

On 25 June 2001, Milorad Kmojelac, a Bosnian Serb, was indicted by the Prosecutor of the International Criminal Court for the Former Yugoslavia (ICTY) on twelve counts of crimes against humanity and violations of the laws and customs of war. He had served as the commander of the Foca Kazneno-Popravni Dom (“KP Dom”) concentration camp in Bosnia-Herzegovina from April 1992 to August 1993. The charges against Kmojelac were based upon his acting in “common purpose” (as defined by Articles 7(1) and 7(3) of the ICTY Statute) with the KP Dom guards in persecuting Muslim and other non-Serb civilian detainees through torture, beatings, and murder. The Trial Chamber convicted Kmojelac of several of the charged offenses and sentenced him to a total of 7 Vi years imprisonment. He was acquitted of counts of torture, murder, imprisonment, and other inhumane acts. Both the defense and the prosecution appealed on various grounds. The Appeals Chamber dismissed all defense appeals and found for the prosecution on several grounds, increasing Krnolejac's sentence to 15 years.

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