Suchergebnisse

"Of the many expectations attending the creation of the first permanent International Criminal Court, the greatest has been that the principle of complementarity would catalyse national investigations and prosecutions of conflict-related crimes and lead to the reform of domestic justice systems. Sarah Nouwen explores whether complementarity has had such an effect in two states subject to ICC intervention: Uganda and Sudan. Drawing on extensive empirical research and combining law, legal anthropology and political economy, she unveils several effects and outlines the catalysts for them. However, she also reveals that one widely anticipated effect - an increase in domestic proceedings for conflict-related crimes - has barely occurred. This finding leads to the unravelling of paradoxes that go right to the heart of the functioning of an idealistic Court in a world of real constraints"--

Abstract
Introducing a symposium on the question of what difference international commissions of inquiry (COIs) make, this article frames the debate methodologically and theoretically. COIs have become a common feature of responses to issues of international concern. While aspects of their work have received substantial scholarly attention, less is known about the concrete, case-specific effects of past COIs. This symposium therefore encourages empirical research into the consequences of COIs, absent or present, intended or not. After discussing some of the common challenges to the empirical research required, this framework article sets forth a non-exhaustive typology of ways in which COIs could end up making a difference, such as inspiring further action or substituting for such action; justifying decision-making, ex ante or ex post; fostering a shared narrative or hardening competing narratives; legitimizing some groups while delegitimizing others; enhancing political dialogue or intensifying division; spurring reform or encouraging more of the same; promoting (international) law or exposing its limitations. This typology is presented as a resource for hypotheses not only for this symposium but also for future empirical research into the differences made (or not) by COIs.

Pour qu'un héritage soit réellement grand, il faut que la main du défunt ne se voie pas.In 2014, a year of memorial ceremonies commemorating the twentieth anniversary of the Rwandan genocide, the International Criminal Tribunal for Rwanda (ICTR) marked its own twentieth year with the launch of a "legacy website." With the closing of the Tribunal scheduled for December 2015, the question of its legacy had become increasingly pressing. The website premiered a video that "celebrates the accomplishments of the ICTR" in a "visually compelling" style. Blurring the distinction between documentary account and film trailer, the video begins with iconic images of the African continent: a boy rolling a hoop down a dirt road; laborers ferrying wares; women in colorful dresses tending children. These scenes of daily life are interrupted by images of men wielding machetes and corpses, interspersed with the figure of the radio, reminding the viewer that the 1994 genocide was encouraged through broadcasts inciting Hutus to take up arms against their Tutsi neighbors. The video lists the Tribunal's contributions to international criminal law, but also describes a much broader impact: "a record of legal reform in Rwanda, and outreach, education, legal training, and healing." Young boys leap into a body of water to punctuate the final term, suggesting the hope of a new Rwanda. The narrator proclaims, "today in Rwanda, it's safe to listen to the radio again: the sound is of a nation rebuilding." The film's final words reach beyond the Rwandan context, affirming that ours is "a world pushing forward despite great imperfection, each day closer to a time when international law offers justice to all people, everywhere."

Sudan's Comprehensive Peace Agreement of 2005 ended over two decades of civil war and led to South Sudan's independence. Peacemaking that brought about the agreement and then sought to sustain it involved, alongside the Sudanese, an array of regional and western states as well as international organisations. This was a landmark effort to create and sustain peace in a war-torn region. Yet in the years that followed, multiple conflicts continued or reignited, both in Sudan and in South Sudan. Peacemaking attempts multiplied. Authored by both practitioners and scholars, this volume grapples with the question of which, and whose, ideas of peace and of peacemaking were pursued in the Sudans and how they fared. Bringing together economic, legal, anthropological and political science perspectives on over a decade of peacemaking attempts in the two countries, it provides insights for peacemaking efforts to come, in the Sudans and elsewhere

Preliminary Material /Cedric Ryngaert , Erik J. Molenaar and Sarah M.H. Nouwen -- Introduction: "What's Wrong with International Law?" /Cedric Ryngaert , Erik J. Molenaar and Sarah M.H. Nouwen -- Fred Soons: A Pragmatic Trust in International Law /André Nollkaemper -- An Appreciation of Fred Soons /John K. Gamble -- Some Reflections on What's Wrong with the Law of the Sea /Rosemary Rayfuse -- Responsibility for Human Rights Violations Arising from the Use of Privately Contracted Armed Security Personnel against Piracy. Re-Emphasizing the Primary Role and Obligations of Flag States /Jessica N.M. Schechinger -- A Sketch of the Concept of Ocean Governance and Its Relationship with the Law of the Sea /Yoshinobu Takei -- Is There Something Wrong with the Increasing Role of Private Actors? The Case of the Offshore Energy Sector /Seline Trevisanut -- Limitation of Liability for Maritime Claims and Politics: Curse or Cure? /Vivian van der Kuil -- Bad Law and a Hard Case? The Impact of the Wall Advisory Opinion of the ICJ /Matthijs de Blois -- International Human Rights Implementation: Strengthen Existing Mechanisms, Establish a World Court for Human Rights, or Both? /Jenny E. Goldschmidt -- Prohibitions on Dissenting Opinions in International Arbitration /Patricia Jimenez Kwast -- Transnational Human Rights Litigation against Multinational Corporations Post-Kiobel /Menno T. Kamminga -- What is Wrong with International Standards on Social Protection? /Frans Pennings -- Corporate Social Responsibility: A New Framework for International Standard Setting? /Teun Jaspers -- Caught Napping by (Sea) Wolves: International Wildlife Law and Unforeseen Circumstances Involving the Killer Whale (Orcinus orca) and the Gray Wolf (Canis lupus) /Arie Trouwborst -- What is Wrong with International Environmental Law? /Johan G. Lammers -- A Critical Look at the Law of Treaties: Giving Recognition to Informal Means of Treaty Adaptation /Irina Buga -- Absolute Validity, Absolute Immunity: Is There Something Wrong with Article 103 of the UN Charter? /Guido den Dekker -- Aspects of the Law of Treaties /Kenneth. J. Keith -- Good Governance: A Principle of International Law /Henk Addink -- The Right to Peace: A Mischievous Declaration /Peter van Krieken -- Self-Determination and Regional Human Rights Bodies: The Case of Southern Cameroons and the African Commission on Human and Peoples' Rights /Brianne McGonigle Leyh -- What's Wrong with the Relationship between the International Court of Justice and the Security Council? /Otto Spijkers -- What's Wrong with International Law? /M.C.W. Pinto -- The Under-Appreciated Role of Curial Settlement in International Law Norm-Making: Using Transnational Law and Diffusion Studies to Re-Assess the Status of Prior Decisions /Pieter Bekker and Thomas Innes -- How and to Whom Do We Explain International Law? /John K. Gamble -- Fragmentation in International Law and Governance: Understanding the Sum of the Parts /Charlotte Ku -- Whither Territoriality? The European Union's Use of Territoriality to Set Norms with Universal Effects /Cedric Ryngaert -- Revealing the Publicness of International Law /Ramses A. Wessel -- What's Wrong with International Lawyers? /John Dugard -- Index /Cedric Ryngaert , Erik J. Molenaar and Sarah M.H. Nouwen.

In the past twenty years, international criminal law has become one of the main areas of international legal scholarship and practice. Most textbooks in the field describe the evolution of international criminal tribunals, the elements of the core international crimes, the applicable modes of liability and defences, and the role of states in prosecuting international crimes. The Oxford Handbook of International Criminal Law, however, takes a theoretically informed and refreshingly critical look at the most controversial issues in international criminal law, challenging prevailing practices, orthodoxies, and received wisdoms. Some of the contributions to the Handbook come from scholars within the field, but many come from outside of international criminal law, or indeed from outside law itself. The chapters are grounded in history, geography, philosophy, and international relations. The result is a Handbook that expands the discipline and should fundamentally alter how international criminal law is understood.

The rights and responsibilities of the individual are at the centre of today's armed conflicts in a way that they have never been before. This process of 'individualization', which challenges the primacy of the sovereign state, is driven by normative developments related to human rights that have elevated human-centric conceptions of security and created a new class of international crimes, as well as by technological and strategic developments that can both empower individuals as military actors and enable either the targeting or protection of particular individuals. The Individualization of War examines the status of individuals in contemporary armed conflict in three main capacities: as subject to violence but deserving of protection; as liable to harm because of their responsibility for attacks on others; and as agents who can be held accountable for the perpetration of crimes. This book presents a novel conceptualization of the phenomenon of individualization, including how it is both practiced and contested. It then convenes a set of leading thinkers from the fields of moral philosophy, international law, and international relations to further our understanding of not only how individualization is manifest in armed conflict - in theory and in practice - but also how it generates tensions and challenges for today's scholars and practitioners. The collective research on which the book is based integrates the currently segregated scholarship on individualization in different academic disciplines, thereby illuminating the important links between law, morality, and politics that constitute the day-to-day reality for national militaries, international organizations, and humanitarian actors.

This handbook offers an up-to-date analysis of the African agenda for conflict prevention, peacemaking, peacekeeping, and peacebuilding; the challenges and opportunities facing the AU and RECs? efforts in achieving a Pax Africana; and the role of external actors including the United Nations (UN) and former colonial powers Britain and France, but also key (non-African) troop contributing countries in these efforts. Building on the late Kenyan scholar Ali Mazrui?s concept of Pax Africana - Africans taking responsibility for the maintenance of peace and security on their own continent - the authors argue that the transformation of the Organisation of African Unity (OAU) into the AU in 2002, was a concrete step towards the realisation of an African-wrought vision of continental peace and prosperity, and has since witnessed the creation of a set of institutions - together known as the African Peace and Security Architecture (APSA) - for more robust conflict management