scholarly journals Ruling through the International Criminal Court’s rules

2019 ◽  
Vol 14 (1) ◽  
pp. 177-201
Author(s):  
Luisa Giannini Figueira ◽  
Roberto Vilchez Yamato ◽  
Claudia Alvarenga Marconi
Keyword(s):  
Criminal Law ◽  
International Criminal Court ◽  
International Institutions ◽  
International Criminal ◽  
Social Role ◽  
International System ◽  
Criminal Court ◽  
International Criminal Law ◽  
International Criminal Justice ◽  
The Social

This article investigates sovereign (in)equality as a phenomenon that is manifested in thedifferent levels of international institutions. The analysis is developed from the process againstOmar Al Bashir, Sudan’s President-in-Office, at the International Criminal Court. Consideringthat norms and rules have a social role in the multiple relations existing between agents andstructures, that is, they transform relations in the international system, the article investigates the dispositions and principles present within the scope of the International Criminal Courtthat authorize a discrimination between States. This distinction implies the imposition ofinternational rules for some actors and the maintenance of certain sovereign prerogativesfor others. More specifically, international criminal justice is characterized by selectivityin judgments, as some countries are given certain authority over the regime. In this sense,it is argued that the sovereign (in)equality that is present in international criminal law issimultaneously a manifestation and condition of possibility for the hierarchy in the social,and therefore institutional normative, and political architecture of the international system.It is argued that the presence of this sovereign (in)equality can be identified at the differentlevels of the institutions of international society, insofar as they influence one another.

Beyond the Juristic Orientation of International Criminal Justice: The Relevance of Criminological Insight to International Criminal Law and its Control A Commentary

2010 ◽  
Vol 10 (1) ◽  
pp. 97-110 ◽  
Author(s):  
Dawn Rothe ◽  
Christopher Mullins
Keyword(s):  
Criminal Justice ◽  
Criminal Law ◽  
International Criminal Court ◽  
International Criminal ◽  
Criminal Court ◽  
International Criminal Law ◽  
Deterrent Effect ◽  
International Criminal Justice ◽  
Crime Commission ◽  
Empirical Fact

AbstractThis article draws attention to the relevance of criminological insight on issues of international criminal law and criminal justice. In particular, the ideology and theory of deterrence, legitimacy, and international criminal law are drawn from. After all, the deterrent effect has been touted as a solid empirical fact with the progression and development of 'international criminal justice', the international tribunals since the mid 1990s, and the International Criminal Court. Yet, the current rather blind belief in the deterrent impact of international criminal justice remains, regretfully, a bit premature. Additionally, beyond the concepts of deterrence and legitimacy, criminologists have much to contribute to international criminal justice. As noted, there are social, political, cultural, and geographical issues that play a role in not only crime commission, but in the hindrance of and/or facilitation of deterrence. Criminologists are well positioned to show how these connections may facilitate or hinder the broader goals of the legal community.

Towards Afrotopia: The AU Withdrawal Strategy Document, the ICC, and the Possibility of Pluralistic Utopias

2018 ◽  
Vol 60 (1) ◽  
pp. 481-513
Author(s):  
Dorothy Makaza
Keyword(s):  
Criminal Law ◽  
International Criminal Court ◽  
Rome Statute ◽  
International Criminal ◽  
Criminal Court ◽  
International Criminal Law ◽  
International Criminal Justice ◽  
African Union ◽  
Global North ◽  
The Relationship

The International Criminal Court could be said to represent the largest utopian project in international criminal justice. Although African States were among the first to ratify the Rome Statute, the African Union Assembly’s adoption of a Withdrawal Strategy Document in January 2017 could have been an indication of a tipping point in the relationship between African States and the International Criminal Court. This article aims to show the irony of utopia amidst the global North/South divide by putting into question the feasibility, legitimacy, and equitability of the utopian project in international criminal law as well as to discuss the proposals within the Withdrawal Strategy Document while shedding light upon the varying contextual backgrounds on which those proposals were made. It challenges international criminal law conceptions of State (non-)compliance and explores the complexities of such classifications by revealing the politics of definition in international criminal law. Finally, the article suggests pluralising the field as a solution and introduces the concept of Afrotopia as part of the puzzle of pluralised utopias.

s.V Modalities, Ch.17 The Two Cultures of International Criminal Law

2020 ◽  
Author(s):  
d’Aspremont Jean
Keyword(s):  
Criminal Justice ◽  
Criminal Law ◽  
International Criminal Court ◽  
Rome Statute ◽  
International Criminal ◽  
Criminal Court ◽  
International Criminal Law ◽  
International Criminal Justice ◽  
Two Cultures ◽  
The Two Cultures

This chapter looks more globally at the methodologies used by international criminal justice, particularly its tendency towards expansionism: including more actors, more situations, and more offences under its umbrella. It does more than simply tell the story of this expansion; this chapter also systematizes it in an important way. The chapter argues that international criminal justice’s expansionism has taken two important forms. The first wave involved a sources-based expansionism, characterized by the field’s desire to expand its influence by increasing the number of legal sources—treaty, custom, general principles—that could be sources of international criminal law. But when that process was largely complete, the passage of the Rome Statute of the International Criminal Court heralded a new, hermeneutic form of expansionism—this one based on interpretation rather than on adding new sources of law. While the hermeneutic expansion is less overt and less recognized than the first wave, its consequences are still dramatic.

30. International criminal justice

2019 ◽  
pp. 645-664
Author(s):  
James Crawford
Keyword(s):  
Criminal Justice ◽  
Criminal Law ◽  
International Criminal Court ◽  
International Criminal ◽  
Criminal Court ◽  
International Criminal Law ◽  
International Criminal Justice ◽  
Humanitarian Law ◽  
Criminal Courts ◽  
National Courts

This chapter discusses the development of international criminal law and institutions, international criminal courts and tribunals, and international criminal justice in national courts. These developments respond to but also reflect repeated failures to prevent serious violations of human rights and international humanitarian law. The work of the International Criminal Court, specialized criminal tribunals and ‘hybrid’ tribunals is outlined.

scholarly journals Victims and Reparations in International Criminal Justice: African Initiatives

2019 ◽  
Vol 88 (4) ◽  
pp. 525-557
Author(s):  
Juan-Pablo Perez-Leon-Acevedo
Keyword(s):  
Criminal Justice ◽  
Criminal Law ◽  
International Criminal Court ◽  
International Criminal ◽  
Criminal Court ◽  
International Criminal Law ◽  
Primary Sources ◽  
International Criminal Justice ◽  
Court Of Justice ◽  
Or Practice

Two important African criminal justice initiatives, namely, the Extraordinary African Chambers (eac) and the International Criminal Law Section of the African Court of Justice and Human and Peoples’ Rights (acjhr-icls), illustrate the trend whereby victims can claim and receive reparations at international/hybrid criminal tribunals (icts). The International Criminal Court (icc) started this trend. This article will examine whether the eac and acjhr-icls can contribute to victims’ status as reparations claimants on substantive, procedural and institutional levels. The eac-Statute as applied in Habré and the acjhr-Statute constitute the primary sources of analysis as complemented by inter alia the law and/or practice of the icc, Extraordinary Chambers in the Courts of Cambodia (eccc) and the African Court on Human and Peoples’ Rights (ACtHPR). This article generally finds that the realisation of victims’ right to reparations at the eac and acjhr-icls depends on how normative and implementation deficits and challenges are handled.

The Contestation of Value-Based Norms: Confirmation or Erosion of International Law?

2019 ◽  
pp. 311-334
Author(s):  
Tiyanjana Maluwa
Keyword(s):  
International Law ◽  
Security Council ◽  
Criminal Law ◽  
International Criminal Court ◽  
International Criminal ◽  
Criminal Court ◽  
International Criminal Law ◽  
The Right ◽  
First Time ◽  
Normative Powers

The chapter discusses the concepts of shared values and value-based norms. It examines two areas of international law that provide illustrative examples of contestation of value-based norms: the fight against impunity under international criminal law and the debates about the responsibility to protect. It argues that the African Union’s (AU) difference of view with the International Criminal Court (ICC) over the indictment of Omar Al-Bashir is not a rejection of the non-impunity norm, but of the context and sequencing of its application. As regards the right of intervention codified in the Constitutive Act of the AU, Africans states responded to the failure of the Security Council to invoke its existing normative powers in the Rwanda situation by establishing a treaty-based norm of intervention, the first time that a regional international instrument had ever done so. Thus, in both cases one cannot speak of a decline of international law.

s.III Rationales, Ch.9 Taking Internationalism Seriously: Why International Criminal Law Matters

2020 ◽  
Author(s):  
Gur-Arye Miriam ◽  
Harel Alon
Keyword(s):  
Criminal Justice ◽  
Criminal Law ◽  
International Institutions ◽  
International Criminal ◽  
International Justice ◽  
International Criminal Law ◽  
International Criminal Justice ◽  
Penal Institutions ◽  
Traditional Institutions ◽  
Domestic Level

This chapter focuses on why international criminal law (ICL) matters, by generating a distinctive philosophical vision for the project of international criminal justice. Specifically, this chapter rejects the notion that ICL is simply a gap-filler for ineffective penal institutions at the domestic level. So much of the literature is characterized by an assumption, buttressed by the International Criminal Court’s complementarity principle, that international tribunals simply spring into action to resolve the lacunae in domestic legal processes when armed conflict or other disruptions dismantle traditional institutions for criminal enforcement. In contrast, the chapter argues that the goods of ICL and the values it promotes can only be provided by international entities. In that respect, international justice is not a second-best alternative to domestic justice but is, rather, necessarily international because international institutions are specifically designed to redress wrongs that harm the interests of the international community as a whole.

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