This article introduces the special issue through a review of Francophone and Anglo-Saxon legal anthropology traditions, before situating the law of the outlaw within these and outlining its potential contribution towards the development of a pragmatic approach to law.
In: Forthcoming, Kevin Jon Heller, Frédéric Mégret, Sarah Nouwen, Jens David Ohlin and Darryl Robinson (eds), The Oxford Handbook of International Criminal Law (OUP 2018)
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Challenges facing the International Criminal Court are examined. Although analysis of the International Criminal Tribunal for the Former Yugoslavia's difficulties suggests that the International Criminal Court will experience problems concerning its legitimacy & efficacy, it is asserted that the standing court will face two additional impediments: the methodical nature of the investigation & prosecution of international cases & the estrangement of witnesses & defendants who must abide by the unfamiliar procedures of foreign courts. Analysis of the International Criminal Tribunal for the Former Yugoslavia is conducted to illustrate the likelihood of these two additional obstacles; for example, it is demonstrated that foreign prosecutors frequently required on-the-job instruction in common-law procedures & were placed at a severe disadvantage in relation to lawyers who were native English speakers. Despite such difficulties, it is stressed that the prosecution of human rights violations in an international court is necessary. J. W. Parker