Download or read book The International Criminal Court and Peace Processes in Africa written by Line Gissel and published by Routledge. This book was released on 2018-01-19 with total page 210 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book investigates how involvement by the International Criminal Court (ICC) affects efforts to negotiate peace. It offers an interpretive account of how peace negotiators and mediators in two peace processes in Uganda and Kenya sought to navigate and understand the new terrain of international justice, while also tracing how and why international decision-making processes interfered with the negotiations, narrated the conflicts and insisted on a narrow scope of justice. Building on this interpretive analysis, a comparative analysis of peace processes in Uganda, Kenya and Colombia explores a set of general features pertaining to the judicialisation of peace. Line Engbo Gissel argues that the level and timing of ICC involvement is key to the ICC’s impact on peace processes and explains why this is the case: a high level of ICC involvement during the negotiation phase of a peace process delegates politico-legal and discursive authority away from peace process actors, while a low level of ICC involvement during the negotiation phase retains such forms of authority at the level of the peace process. As politico-legal authority enables the resolution of sticking points and discursive authority constructs the conflict and its resolution, the location of authority is important for the peace process. Furthermore, judicialisation also affects the negotiation and implementation of a justice policy, with a narrowing scope for justice accompanying increasing levels of ICC involvement.
Download or read book The International Criminal Court and Peace Processes in Africa written by Line Engbo Gissel and published by . This book was released on 2018 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book investigates how involvement by the International Criminal Court (ICC) affects efforts to negotiate peace. It offers an interpretive account of how peace negotiators and mediators in two peace processes in Uganda and Kenya sought to navigate and understand the new terrain of international justice, while also tracing how and why international decision-making processes interfered with the negotiations, narrated the conflicts and insisted on a narrow scope of justice. Building on this interpretive analysis, a comparative analysis of peace processes in Uganda, Kenya and Colombia explores a set of general features pertaining to the judicialisation of peace. Line Engbo Gissel argues that the level and timing of ICC involvement is key to the ICC's impact on peace processes and explains why this is the case: a high level of ICC involvement during the negotiation phase of a peace process delegates politico-legal and discursive authority away from peace process actors, while a low level of ICC involvement during the negotiation phase retains such forms of authority at the level of the peace process. As politico-legal authority enables the resolution of sticking points and discursive authority constructs the conflict and its resolution, the location of authority is important for the peace process. Furthermore, judicialisation also affects the negotiation and implementation of a justice policy, with a narrowing scope for justice accompanying increasing levels of ICC involvement.
Download or read book The International Criminal Court and Peace Processes written by Linus Nnabuike Malu and published by Springer. This book was released on 2019-05-31 with total page 265 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores the extent to which the International Criminal Court (ICC) has influenced peace processes in Cȏte d’Ivoire, Kenya and Uganda. It examines how the prosecution of those who bear the greatest responsibility for crimes committed in these countries may have negatively or positively influenced the process of making peace in their wake. It is concerned with how international accountability affects post-conflict countries and what the ICC brings to peace processes. The central question addressed by the book is whether justice spurs peace in post- conflict societies or whether justice complicates the peace process. If so, how? Relying on qualitative studies in these countries, this book comparatively analyses the impact of the interventions of the ICC in Uganda (2004), Kenya (after the 2007/2008 post-election violence), and Cȏte d’Ivoire. Its aim is to provide an evidence-based account of how the involvement of the ICC in these countries influences the processes of promoting peace. To gauge this, Malu develops an analytical framework which is based on four variables: deterrence, victims’ rights, reconciliation and accountability to the law. This book will appeal to those interested in post-conflict reconstruction, transitional justice, peace studies, conflict transformation, and international criminal law, including peace practitioners and those working in the field of international justice.
Download or read book Africa and the International Criminal Court written by Gerhard Werle and published by Springer. This book was released on 2014-09-09 with total page 304 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book deals with the controversial relationship between African states, represented by the African Union, and the International Criminal Court. This relationship started promisingly but has been in crisis in recent years. The overarching aim of the book is to analyze and discuss the achievements and shortcomings of interventions in Africa by the International Criminal Court as well as to develop proposals for cooperation between international courts, domestic courts outside Africa and courts within Africa. For this purpose, the book compiles contributions by practitioners of the International Criminal Court and by role players of the judiciary of African countries as well as by academic experts.
Download or read book International Criminal Court Cases in Africa Status and Policy Issues written by Alexis Arieff and published by DIANE Publishing. This book was released on 2010 with total page 33 pages. Available in PDF, EPUB and Kindle. Book excerpt: This report provides background on current International Criminal Court (ICC) cases and examines issues raised by the ICC's actions in Africa, including the potential deterrence of future abuses and the potential impact on African peace processes.
Download or read book International Criminal Court Cases in Africa written by Alexis Arieff and published by . This book was released on 2008 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: This report provides background on current International Criminal Court (ICC) cases and examines issues raised by the ICC's actions in Africa, including the potential deterrence of future abuses and the potential impact on African peace processes.
Download or read book National Accountability for International Crimes in Africa written by Emma Charlene Lubaale and published by Springer Nature. This book was released on 2022-02-07 with total page 652 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book critically examines the issues pertaining to the Rome Statute’s complementarity principle. The focus lies on the primacy of African states to prosecute alleged perpetrators of international crimes in their respective jurisdictions. The chapters explore states’ international and domestic obligations to hold perpetrators of international crimes to account before the national courts, and demonstrate the complexity of enforcing national accountability of alleged perpetrators of international crimes while also ensuring that post-conflict African states achieve national healing, reconciliation, and sustainable peace. The contributions reject impunity for international crimes whilst also considering these complexities. Emphasis further lies on the meaning of accountability in the context of the politics of selective international criminal justice for crimes committed before the establishment of the International Criminal Court.
Download or read book An African Criminal Court written by Dominique Mystris and published by BRILL. This book was released on 2020-11-30 with total page 328 pages. Available in PDF, EPUB and Kindle. Book excerpt: In An African Criminal Court Dominique Mystris offers insight into the potential contribution of a regional criminal court and its place within the international criminal justice discourse, the African Union and the African Peace and Security Architecture.
Download or read book Courting Conflict written by Nicholas Waddell and published by Young Writers. This book was released on 2008 with total page 80 pages. Available in PDF, EPUB and Kindle. Book excerpt: The International Criminal Court's operations in Africa have encountered significant difficulties. While the work of the Court has taken concrete shape, so have its challenges. The title of this collection, Courting Conflict?, alludes to the inherent problems of pursuing justice in the midst of violence. It also points to the tremendous controversy generated by the ICC's work to date, not least the charge leveled at the Court that its actions risk prolonging conflict by jeopardizing peace deals. This collection investigates the politics of the ICC's interventions in Africa. Rather than exploring the progress of the ICC per se, the essays address Africa's encounters with the Court and the Court's encounters with Africa. The authors avoid treating African countries simply as a geographical arena for a new international justice body. They also resist discussing the ICC in legal terms only. Instead, the essays situate debates about the Court in specific social, cultural and political contexts where contending local, national and international pressures apply. The contributors address the ICC's relationships with the governments, non-state groups, national judiciaries and local populations of the countries where it is active. Coverage of the ICC has often belied the complexity of these relationships and has either romanticized or demonized the Court's interventions. These essays take the form of short comment pieces, written to stir and broaden debate on the ICC but also to help move it beyond the sensational and oversimplified.
Download or read book Contested Justice written by Christian De Vos and published by Cambridge University Press. This book was released on 2015-12-18 with total page 525 pages. Available in PDF, EPUB and Kindle. Book excerpt: An in-depth and interdisciplinary analysis of the politics and practice of the International Criminal Court. This title is also available as Open Access.
Download or read book Peace and Justice at the International Criminal Court written by Errol Mendes and published by Edward Elgar Publishing. This book was released on 2010-01-01 with total page 225 pages. Available in PDF, EPUB and Kindle. Book excerpt: Errol Mendes spent nearly a year as a Visiting Professional with the Prosecutor of the International Criminal Court. This has given him a unique perspective and some special insight into the big situations confronting the Court, including Darfur, Palestine and Uganda. William A. Schabas, National University of Ireland, Galway This authoritative book addresses the greatest challenge facing the International Criminal Court since its historic establishment in 1998: reconciling the demand for justice for the most serious crimes known to humanity with the promotion of sustainable peace in conflict areas around the world. In describing and analyzing this challenge, Errol Mendes demonstrates that the Court is a product of centuries of global efforts to integrate peace with justice. Focusing on two important prosecutions involving indictments of the president and other senior officials of Sudan and a savage rebel group in Northern Uganda, the author argues that the choice between peace and justice is not a zero sum game. Based on knowledge and experience obtained during his time as a visiting professional at the Court, the author combines insights from Court leaders with his own analysis in his call for greater international cooperation with the Court in fulfilling its mandate and overcoming other obstacles that threaten its work into the future. Scholars and students of criminal justice, international studies, political science and human rights, as well as civil society groups, government officials and those working with international justice organizations, will find in this book a unique and sophisticated perspective on this complex dilemma.
Download or read book Africa and the ICC written by Kamari M. Clarke and published by Cambridge University Press. This book was released on 2016-10-27 with total page 469 pages. Available in PDF, EPUB and Kindle. Book excerpt: By investigating how the International Criminal Court (ICC) is portrayed in Africa, this book highlights how perceptions of justice are multilayered.
Download or read book The International Criminal Court and Africa written by Charles Chernor Jalloh and published by Oxford University Press. This book was released on 2017-10-06 with total page 416 pages. Available in PDF, EPUB and Kindle. Book excerpt: Africa has been at the forefront of contemporary global efforts towards ensuring greater accountability for international crimes. But the continent's early embrace of international criminal justice seems to be taking a new turn with the recent resistance from some African states claiming that the emerging system of international criminal law represents a new form of imperialism masquerading as international rule of law. This book analyses the relationship and tensions between the International Criminal Court (ICC) and Africa. It traces the origins of the confrontation between African governments, both acting individually and within the framework of the African Union, and the permanent Hague-based ICC. Leading commentators offer valuable insights on the core legal and political issues that have confused the relationship between the two sides and expose the uneasy interaction between international law and international politics. They offer suggestions on how best to continue the fight against impunity, using national, ICC, and regional justice mechanisms, while taking into principled account the views and interests of African States.
Download or read book The Justice Laboratory written by Kerstin Bree Carlson and published by Brookings Institution Press. This book was released on 2023-03-14 with total page 178 pages. Available in PDF, EPUB and Kindle. Book excerpt: Examining how international criminal law has—and hasn't—brought justice following war crimes in Africa Ever since World War II, the United Nations and other international actors have created laws, treaties, and institutions to punish perpetrators of genocide, war crimes, and crimes against humanity. These efforts have established universally recognized norms and have resulted in several high-profile convictions in egregious cases. But international criminal justice now seems to be a declining force—its energy sapped by long delays in prosecutions, lagging public attention, and a globally rising authoritarianism that disregards legal niceties. This book reviews five examples of international criminal justice as they have been applied across Africa, where brutal civil conflicts in recent decades resulted in varying degrees of global attention and action. The first three chapters examine key international mechanisms: the International Criminal Court, the International Criminal Tribunal for Rwanda, and the hybrid tribunal established in Senegal to try state crimes committed in Chad. These chapters illustrate how the design and practice of the institutions led to similarly unexpected and unsatisfying outcomes. The final two chapters examine emerging and proposed international criminal justice mechanisms. One is a tribunal intended to facilitate peace in the new but war-torn country of South Sudan, not yet operational and unlikely to perform better than its predecessors. Finally, the book considers the developing human rights practice of the little-studied East African Court, a regional commercial court in Arusha, Tanzania, to show how local judicial creativity can win a role for courts in facilitating good governance. Written in an accessible style, this book explores the connections between politics and the doctrine of international criminal law. Highlighting little-known institutional examples and under-discussed political situations, the book contributes to a broader international understanding of African politics and international criminal justice, as well as the lessons the African experiences offer for other regions.
Download or read book Trial Justice written by Tim Allen and published by Zed Books Ltd.. This book was released on 2013-04-04 with total page 164 pages. Available in PDF, EPUB and Kindle. Book excerpt: The International Criminal Court (ICC) has run into serious problems with its first big case -- the situation in northern Uganda. There is no doubt that appalling crimes have occurred here. Over a million people have been forced to live in overcrowded displacement camps under the control of the Ugandan army. Joseph Kony's Lord's Resistance Army has abducted thousands, many of them children and has systematically tortured, raped, maimed and killed. Nevertheless, the ICC has confronted outright hostility from a wide range of groups, including traditional leaders, representatives of the Christian Churches and non-governmental organizations. Even the Ugandan government, which invited the court to become involved, has been expressing serious reservations. Tim Allen assesses the controversy. While recognizing the difficulties involved, he shows that much of the antipathy towards the ICC's intervention is misplaced. He also draws out important wider implications of what has happened. Criminal justice sets limits to compromise and undermines established procedures of negotiation with perpetrators of violence. Events in Uganda have far reaching implications for other war zones - and not only in Africa. Amnesties and peace talks may never be quite the same again.
Download or read book Africa and the Backlash Against International Courts written by Peter Brett and published by Bloomsbury Publishing. This book was released on 2020-07-23 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: At the start of the twenty-first century the story of Africa's engagement with international law was one of marked commitment and meaningful contributions. Africa pioneered new areas of law and legal remedies, such as international criminal law and universal jurisdiction, and gave human rights jurisdiction to a number of new international courts. However, in recent years, African states have mobilised politically and collectively against the regional courts and the International Criminal Court, contesting these institutions' authority and legitimacy at national, regional and international levels. Africa and the Backlash Against International Courts provides the first comprehensive account of this important phenomenon, bringing together original fieldwork, empirical analysis and a critical overview of the diverse scholarship on both international and African regional courts. Moving beyond conventional explanations, Brett and Gissel use this remarkable research to show how the actions of African states should instead be seen as part of a growing desire for a more equal global order; a trend that not only has huge implications for Africa's international relations, but that could potentially change the entire practice of international law.
Download or read book The International Criminal Court at the Mercy of Powerful States written by Res Schuerch and published by Springer. This book was released on 2017-07-15 with total page 305 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book aims to investigate whether, and if so, how, an institution designed to bring to justice perpetrators of the most heinous crimes can be regarded a tool of oppression in a (neo-)colonial sense. To do so, it re-invents the concept of neo-colonialism, which is traditionally associated more with economic or political implications, from an international criminal law perspective, combining historical, political and legal analyses. Allegations of neo-colonialism in relation to the International Criminal Court (ICC) became widespread after the Court had issued an arrest warrant against the Sudanese President Omar Al-Bashir in 2009. While the Court, since its entry into function in 2002, has been confronted with criticism from various corners, the neo-colonialism controversy was sparked by African stakeholders. Unlike other contributions in this domain, thus, this book provides a Western perspective on an issue more often addressed from an African standpoint, with the intention of distinguishing itself from the more political and emotive and sometimes superficial arguments that exist within critical legal approaches towards the ICC. The subject matter will primarily be of interest to scholars of international criminal law or those operating at the intersection of law and politics/history, nationals of African states and from other parts of the world professionally interested and/or involved in international criminal law and justice and the ICC, and governmental and non-governmental organizations. Secondly, the book will also appeal and speak to critical legal scholars and those interested in historical legal analysis. Res Schuerch is a Swiss lawyer specialized in the field of International Criminal Law and the ICC. He previously worked as a researcher at the University of Amsterdam and as an academic assistant at the University of Zürich.
