Kosovo Specialist Chambers Jurisdiction and the International Criminal Court

2021 ◽  
pp. 1-21
Author(s):  
Attila Nagy
Keyword(s):  
International Criminal Court ◽  
International Criminal ◽  
War Crimes ◽  
Criminal Court ◽  
Political Struggle ◽  
The Past ◽  
Post Conflict ◽  
The Future ◽  
International War ◽  
Kosovo War

Abstract The establishment of the Kosovo Specialist Chambers as a local war crimes court is coming as a challenge to the overall authority and jurisdiction claimed by the International Criminal Court. These two courts are at the same time divided and connected in so many aspects. Kosovo war crimes have been dealt in the past by icty, unmik, eulex courts and now a specially made ksc. The ksc as being a local court is still practically having above it the icty and the Mechanism which inherited the icty but also the possible application of the icc. We will compare the ksc to other courts having local jurisdiction in Kosovo with an aim to understand if the ksc is an exception or a rule from now on in certain post-conflict societies. The exclusion of the icc from adjudicating in Kosovo is a challenge and potential solution to other post-conflict societies, and they can apply its various forms and practices and overall ignore the icc in the future. Although icc is the only international criminal court it is not the only specialised court dealing with war crimes now. The ksc and icc overall struggle for jurisdiction have been also shadowed by the global political struggle for primacy, leaving these and many other local and international institutions without a real power, functioning in a framework of and for various political aims. The special characteristics and mandate ksc has makes it worth researching in order to better understand the icc and the overall understanding of International War Crimes courts/Tribunal worldwide today and in the future.

Interethnic Conflicts

2018 ◽  
pp. 350-360
Author(s):  
Muli wa Kyendo
Keyword(s):  
International Criminal Court ◽  
International Criminal ◽  
Criminal Court ◽  
Ethnic Violence ◽  
Crimes Against Humanity ◽  
The Past ◽  
The Future ◽  
The Hague ◽  
Traditional Stories

The argument in this Chapter is that the key to bringing about lasting ethnic peace and harmony in Kenya – and in the rest of Africa – lies in understanding the attitudes and values found in community folktales. Folktales reflect a community's attempt to give form and shape to its hopes and fears and answers to its important questions. They touch on the very core of who they are, both personally and corporately. When it comes under threat, a community will return to its traditional stories to look for direction and to regain a sense of what made it great in the past and what will nurture it into the future. The Chapter uses examples from Kenya where a disastrous post-election ethnic violence in 2008 landed several prominent Kenyans at International Criminal Court in The Hague charged with crimes against humanity.

Worlds Apart on International Justice

2002 ◽  
Vol 15 (4) ◽  
pp. 835-857 ◽  
Author(s):  
Jeremy Rabkin
Keyword(s):  
International Criminal Court ◽  
International Criminal ◽  
War Crimes ◽  
Criminal Court ◽  
International Justice ◽  
Moral Self ◽  
The Past ◽  
Self Confidence ◽  
The Us

Differing strategic priorities are only the beginning of the dispute over the International Criminal Court. Americans will not abandon their traditional constitution, as submission to the ICC would require. European states have already subordinated their national constitutions to a German-dominated federation. Americans do not accept international monitors in fighting against evil. Europeans are drawn to relativizing abstractions. For Germans, the ICC promises to “overcome the past,” by licensing German judges to try Americans and Israelis for war crimes. Europeans may feel obliged to fall in step with this latest German project. The US still has the moral self-confidence to resist it.

The ICC and Africa

2020 ◽  
pp. 400-405
Author(s):  
Richard Goldstone
Keyword(s):  
Sri Lanka ◽  
Security Council ◽  
International Criminal Court ◽  
International Criminal ◽  
War Crimes ◽  
Criminal Court ◽  
International Justice ◽  
Active Life ◽  
The Future ◽  
The Relationship

This chapter assesses Africa’s relationship to international justice via its fraught contestation of the International Criminal Court (ICC). The relationship between Africa and the ICC is a complex and complicated one. There is a tension between the strong desire of most African states and their people to bring justice to the victims of war crimes and the perceived bias against Africa arising from the fact that all but one of the eleven situations before the ICC relate to African states. The problem is exacerbated by the failure of the Security Council to refer to the ICC egregious cases of war crimes committed on other continents and particularly in Sri Lanka and Syria. The chapter then looks at the politics of the relationship between the ICC and Africa and how the optics have changed during the first fifteen years of the active life of the ICC. It also considers the future of the ICC in Africa and highlights the importance of positive complementarity.

International Law and War Crimes

2018 ◽  
Author(s):  
William A. Schabas
Keyword(s):  
International Law ◽  
International Criminal Court ◽  
International Criminal ◽  
War Crimes ◽  
Criminal Court ◽  
Strict Sense ◽  
International Crimes ◽  
The Hague ◽  
International War

If the Kaiser were to be brought to justice, he had to be charged with war crimes in the strict sense. The Commission on Responsibilities is the first forum in which there is an attempt to define international war crimes. Building upon the Hague Conventions adopted before the outbreak of the war, a list of violations of the laws and customs of war is prepared. When the British and the French insist on adding the phrase ‘the laws of humanity’, the Americans object that this is a matter of morality and not law. The Commission also considers whether to establish an international criminal court where such international crimes might be charged.

International War Crimes Tribunals and the Challenge of Outreach

2009 ◽  
Vol 9 (1) ◽  
pp. 99-116 ◽  
Author(s):  
Janine Natalya Clark
Keyword(s):  
Sierra Leone ◽  
International Criminal Court ◽  
International Criminal ◽  
International Criminal Tribunal ◽  
War Crimes ◽  
Criminal Court ◽  
Significant Challenge ◽  
Outreach Work ◽  
International War ◽  
War Crimes Tribunals

AbstractA significant challenge facing international war crimes tribunals is to reach out to and to communicate their work to the local populations concerned. The purpose of this article, therefore, is to analyze and to explore the Outreach programmes of three particular courts, namely the International Criminal Tribunal for the former Yugoslavia (ICTY), the Special Court for Sierra Leone (SCSL) and the International Criminal Court (ICC). It will argue that notwithstanding the important and creative Outreach work being undertaken by these courts, more resources must be invested in their Outreach sections if they are to achieve their ambitious objectives, not least the goal of contributing to peace.

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