Women on International Courts: Some Lessons Learned

2011 ◽  
Vol 11 (3) ◽  
pp. 401-408 ◽  
Author(s):  
Patricia Wald
Keyword(s):  
Criminal Justice ◽  
International Criminal ◽  
Lessons Learned ◽  
International Criminal Justice ◽  
Humanitarian Law ◽  
International Courts ◽  
Women Judges ◽  
The Way

AbstractWomen have achieved much since the revival of international criminal justice. But much remains to be achieved, both in the number and quality of women judges and in the way that women's concerns are addressed, as the implementation of complementarity shifts humanitarian law from international to national judicial arenas.

Debate: The role of international criminal justice in fostering compliance with international humanitarian law

2014 ◽  
Vol 96 (895-896) ◽  
pp. 775-794 ◽  
Author(s):  
Chris Jenks ◽  
Guido Acquaviva
Keyword(s):  
Criminal Justice ◽  
International Criminal ◽  
Criminal Court ◽  
International Humanitarian Law ◽  
International Criminal Justice ◽  
Humanitarian Law ◽  
International Courts ◽  
General Deterrence ◽  
Military Commanders

Much has been written about the “deterrent” role of international courts and tribunals in preventing potential atrocities. Since the establishment of thead hoctribunals and the International Criminal Court, the international community has sought to anchor the legitimacy of international justice in the “fight against impunity”. Yet recent studies have suggested that an overly broad characterization of international courts and tribunals as “actors of deterrence” might misplace expectations and fail to adequately capture how deterrence works – namely, at different stages, within a net of institutions, and affecting different actors at different times.1TheReviewinvited two practitioners to share their perspectives on the concrete effects of international criminal justice on fostering compliance with international humanitarian law. Chris Jenks questions the “general deterrence” role of international criminal justice, contending that the influence of complicated and often prolonged judicial proceedings on the ultimate behaviour of military commanders and soldiers is limited. Guido Acquaviva agrees that “general deterrence”, if interpreted narrowly, is the wrong lens through which to be looking at international criminal justice. However, he disagrees that judicial decisions are not considered by military commanders, and argues that it is not the individual role of each court or tribunal that matters; rather, it is their overall contribution to an ever more comprehensive system of accountability that can ultimately foster better compliance with international humanitarian law.

Crimes Against the Sovereign Order: Rethinking International Criminal Justice

2019 ◽  
Vol 113 (4) ◽  
pp. 727-771 ◽  
Author(s):  
Ryan Liss
Keyword(s):  
Criminal Justice ◽  
Criminal Law ◽  
International Criminal ◽  
The State ◽  
International Criminal Justice ◽  
Criminal Jurisdiction ◽  
International Crimes ◽  
Fundamental Challenge ◽  
The Way

AbstractThe scope of international criminal jurisdiction poses a fundamental challenge for criminal law theory. Prevailing justifications for the state's authority to punish crime assume the existence of connections between the state and either the criminal or the crime that are not always present in the international criminal context. Recognizing this gap, this Article introduces a new theory of what distinguishes international crimes from domestic crimes and justifies the unusual scope of international criminal jurisdiction. As this Article explains, international crimes are unique in the way they undermine international society's structure as a system of sovereign states.

International criminal justice: tightening up the rules of the game

2006 ◽  
Vol 88 (861) ◽  
pp. 133-144 ◽  
Author(s):  
Luc Côté
Keyword(s):  
Criminal Justice ◽  
International Criminal ◽  
International Humanitarian Law ◽  
International Criminal Justice ◽  
Humanitarian Law ◽  
International Criminal Tribunals ◽  
Recent Developments ◽  
Per Se ◽  
Rules Of The Game ◽  
Discretionary Powers

Although much has been said and written about the creation of the international criminal tribunals and their contribution to the development of international humanitarian law, there have been very few studies of the international prosecutor per se. In this article the author briefly surveys recent developments in the international criminal justice institutions, focusing particularly on the limits recently imposed on the discretionary powers of international prosecutors.

International Courts and Tribunals

2020 ◽  
Author(s):  
Mark Findlay
Keyword(s):  
Criminal Justice ◽  
Global Governance ◽  
Global Justice ◽  
Rome Statute ◽  
International Criminal ◽  
Positive Development ◽  
International Criminal Justice ◽  
Formal Institutions ◽  
International Courts ◽  
Political Interference

Despite political interference and jurisdictional partiality, the formal institutions of international criminal justice are positive development for global governance in their existence alone. The unique aims for global justice enunciated in the Preamble to the Rome Statute are a manifesto for how humanity expects to be protected from atrocity, and where responsibility should lie. As the example of rape in war demonstrates, translating these noble aspirations into trial practice and justice outcomes is often sullied by discriminatory externalities common in domestic criminal justice and exacerbated as the degree of victimization escalates. The lasting measure of the courts and tribunals is not successful prosecutions but rather the satisfaction of legitimate victim interests.

EDITORIAL: Between ‘Faith’ and ‘Facts’: By What Standards Should We Assess International Criminal Justice?

2012 ◽  
Vol 25 (2) ◽  
pp. 251-282 ◽  
Author(s):  
CARSTEN STAHN
Keyword(s):  
Criminal Justice ◽  
International Criminal ◽  
International Criminal Justice ◽  
Criminal Courts ◽  
International Courts ◽  
Prodigal Son ◽  
Local Responses ◽  
Fact Finding ◽  
Legal Example

AbstractThe traditional vision that international courts and tribunals do ‘good’ or create a better world through law is increasingly under question. International criminal justice started largely as a ‘faith’-based project, but is increasingly criticized in light of its actual record and impact. This essay examines this journey and, in particular, the role of ‘faith’ and ‘fact’ in the treatment and assessment of international criminal courts, through four core themes (‘effectiveness’, ‘fairness’, ‘fact-finding’, and legacy’) addressed in André Gide's version of the parable of The Return of the Prodigal Son. It argues that, in its ‘homecoming’, international criminal justice would benefit from a greater degree of realism by openly accepting its limitations and embracing its expressivist function. It cautions at the same time against exclusively quantitative understandings of impact, arguing that the power of international courts and tribunals lies not so much in their quantitative record as in their role in setting a moral or legal example or shaping discourse. It concludes that a better match between ‘idealism’ and ‘realism’ requires greater attention to the interplay between ‘international’, ‘domestic’, and ‘local’ responses to conflict, as well as recognition of their legitimate differences.

Norm Expression

2020 ◽  
pp. 85-164
Author(s):  
Carsten Stahn
Keyword(s):  
Criminal Justice ◽  
International Criminal ◽  
Cultural Property ◽  
International Criminal Justice ◽  
Humanitarian Law ◽  
Gender Based Violence ◽  
Norms And Values ◽  
Gender Based ◽  
And Gender ◽  
Contemporary Practice

Expressivist theory suggests that international criminal justice can serve as a means to instil norms and values in international society through communicative justice and persuasion. The chapter demonstrates that contemporary practice shifts between norm expression and norm entrepreneurship. It relates norm expression to the imperfect structure of international law and the performative nature of crimes. It argues that norm expression is partially a counter-performance to crimes. It shows that international criminal justice has captured new space and forms of social behaviour through thematic investigations and prosecutions (e.g. sexual and gender-based violence, child soldiers, cultural property) and legal practice relating to core crimes. It illustrates how legal agents have used rhetoric techniques (e.g. narration, storytelling, and imagery) to reformulate some of the premises of underlying bodies of law (e.g. human rights law, international humanitarian law, and the law of the use of force).

Coercion at the ICC

2020 ◽  
Author(s):  
Marc Schack
Keyword(s):  
Criminal Justice ◽  
International Criminal ◽  
Criminal Court ◽  
Coercive Power ◽  
International Criminal Justice ◽  
International Courts ◽  
Domestic Literature ◽  
Interstate Conflicts ◽  
History Of ◽  
Atrocity Crimes

Abstract Throughout the history of international criminal justice, it has been the source of fierce debate whether institutions like the International Criminal Court (ICC) can prevent atrocity crimes from being committed by putting coercive judicial pressure on potential rule-breakers. Theories and insights drawn from the domestic literature on criminal justice have shaped much of this debate — based on the assumption that international criminal justice is essentially an internationalized version of domestic criminal justice (what I term the ‘domestic origin’ approach). The present article challenges this perspective by pointing out its shortcomings. It suggests that we should instead — or, at least, additionally — treat these international courts and tribunals as sui generis institutions imbedded in the world of international politics. From this perspective we can therefore draw on rationalist approaches to coercive power within the field of International Relations (IR) to analyse these institutions' coercive capacity. Unlike the domestic origin approach, this would allow researchers to draw on existing work on coercive power focusing on scenarios that play out in the kind of setting (major intra- or interstate conflicts) and involve the types of people (leaders of nations, armies and militias) which courts like the ICC were built to deal with.

Explaining public opinion on international criminal justice

2014 ◽  
Vol 7 (4) ◽  
pp. 567-591 ◽  
Author(s):  
James Meernik
Keyword(s):  
Public Opinion ◽  
Criminal Justice ◽  
International Criminal ◽  
International Criminal Tribunal ◽  
Former Yugoslavia ◽  
International Criminal Justice ◽  
International Courts ◽  
Empirical Inquiry ◽  
The Past ◽  
Levels Of Support

Despite the fact that international courts have proven popular in the last 20 years, systematic and empirical inquiry to determine whether they are beginning to realize their objectives is a fairly recent phenomenon. Support among the publics in the affected countries is critical to their success for, as deGuzman writes, ‘… the globalization of communications increasingly means that an institution’s legitimacy depends on the opinions of ordinary citizens around the world’. I develop a theory of public opinion regarding international criminal justice and test it on support for the International Criminal Tribunal for the former Yugoslavia (ICTY), among peoples of the former Yugoslavia. I contend that support for the ICTY is filtered through individuals’ perceptions of the past, present, and future. As one’s beliefs about whether conditions are good or improving grow more positive, such positive perceptions are generalized to extend to international institutions that play a major role in shaping those conditions. In addition, I argue that support for the ICTY is strongly influenced by an individual’s views of the legitimacy and morality of the law. Ethnicity is also important in differentiating levels of support across the peoples of the former Yugoslavia.

International criminal justice: from the idea to modern system

2009 ◽  
pp. 55-67
Author(s):  
A. G. Volevodz
Keyword(s):  
Criminal Justice ◽  
International Criminal ◽  
International Criminal Justice ◽  
Legal Basis ◽  
Wide Spread ◽  
Criminal Courts ◽  
Basic Principles ◽  
International Courts ◽  
Modern System ◽  
History Of

Profound concern of international community about serious violations of basic principles and admitted rules leads to wide spread practice of establishing and functioning of international courts of criminal justice. The article touches upon the history of legal basis of international criminal justice, modern models of establishing and functioning of international criminal courts, and signs, that consolidate them into modern system of international criminal justice.

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