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Full-Text Articles in International Humanitarian Law
June Roundtable: International Criminal Court, Peace, And Justice, Introduction, Claudia Fuentes Julio
June Roundtable: International Criminal Court, Peace, And Justice, Introduction, Claudia Fuentes Julio
Human Rights & Human Welfare
An annotation of:
“Peace Must Not Be the Victim of International Justice” New York Times. March 16, 2012.
From Retribution To Reconciliation, From Spoiler To Peace Envoy, Christine Bell
From Retribution To Reconciliation, From Spoiler To Peace Envoy, Christine Bell
Human Rights & Human Welfare
Is there a tension between justice and peace? That debate I leave to my co-panelists, because the most interesting and important thing about this month's centerpiece, without a doubt, is not its well-judged (if slightly ill-informed) take on the ICC, but the name of the author at its end.
“Slippery Slopes: On Why We Need The Icc”, Matthew S. Weinert
“Slippery Slopes: On Why We Need The Icc”, Matthew S. Weinert
Human Rights & Human Welfare
Peace, reconciliation, and restorative justice: these are the albatrosses that international criminal law (ICL) must (unfairly) bear. Ian Paisley, MP from Northern Ireland and former United Nations and European Union peace envoy, echoes in a New York Times op-ed contribution the aspirations heaped onto the International Criminal Court (ICC). In March, the ICC convicted Thomas Lubanga for war crimes and the conscription of children as soldiers; justice has been done, Paisley claims. Yet the ICC was "intended as an instrument of peace," and "there is no peace" in the Democratic Republic of the Congo (DRC). On this ground he concludes, …
“Seeking Justice, Strategically”, Joel R. Pruce
“Seeking Justice, Strategically”, Joel R. Pruce
Human Rights & Human Welfare
In his opinion piece, Ian Paisley takes to task the International Criminal Court (ICC) for, as he sees it, intervening in domestic processes of reconciliation at the expense of long-term prospects for peace. The "peace versus justice" paradox is not a new one and Paisley expresses a common criticism of justice mechanisms as disruptive of post-conflict, societal healing and the overwhelming hurdle of governing in the aftermath of violence. Missing from his analysis is a broader understanding of trends in international justice and accountability, of which the ICC is only one component. While the ICC is certainly not immune from …
Can The Icc Ever Get It Right?, Richard Burchill
Can The Icc Ever Get It Right?, Richard Burchill
Human Rights & Human Welfare
Nesrine Malik makes clear with her title, “The ICC’s Blunder on Sudan,” that something has gone amiss with the efforts of Prosecutor Luis Moreno-Ocampo to ensure the ICC statute is applied to those circumstances it was meant to address. But why is something amiss in this situation? The Prosecutor has a mandate and the legal regime for the ICC is relatively clear (at least procedurally); the crimes it covers can always be debated, but there is a degree of clarity present as to what acts are addressed; so what has gone wrong? The difficulty lies in expectations about justice and …
Confronting The Politics And Law Behind Battles Over The Icc’S Bashir Indictment, Anthony Chase
Confronting The Politics And Law Behind Battles Over The Icc’S Bashir Indictment, Anthony Chase
Human Rights & Human Welfare
Nesrine Malik points in the wrong direction in arguing that charges of genocide embarrass the ICC more than they do Omar al-Bashir. The embarrassment here should come from those, such as Malik, who snidely downplay the level of war crimes committed in Darfur, who discuss genocide as if it is a cultural rather than political matter (does Malik seriously think genocide ever has anything to do with a country’s cultural traditions, as she says in defending Sudan?), or who naively give credence to predictable political push-back from Sudan and its allies. The ICC faces serious legal and political obstacles, some …
March Roundtable: Icc And Darfur Introduction
March Roundtable: Icc And Darfur Introduction
Human Rights & Human Welfare
An annotation of:
“The ICC's Blunder on Sudan” by Nesrine Malik. The Guardian. February 4, 2010.
Kurt Mills On Governance, Order, And The International Criminal Court: Between Realpolitik And A Cosmopolitan Court. Edited By Steven C. Roach. Oxford: Oxford University Press, 2009. 289pp., Kurt Mills
Human Rights & Human Welfare
A review of:
Governance, Order, and the International Criminal Court: Between Realpolitik and a Cosmopolitan Court. Edited by Steven C. Roach. Oxford: Oxford University Press, 2009. 289pp.
International Criminal Justice Must Not Only Be Done, It Must Be Seen To Be Done, Rhona Smith
International Criminal Justice Must Not Only Be Done, It Must Be Seen To Be Done, Rhona Smith
Human Rights & Human Welfare
“[U]ntil a time in which the global governance structure is not reliant on states, humanity will continue to fail in its attempt to protect global human rights” (Eric Leonard, June 2008 Roundtable). Discourse across a range of disciplines (e.g. Roundtable comments by Landman in October 2008, and Thomson-Jensen and co-panelists in May 2007), irrespective of the methods of evaluation, conclude that the existing system of “human rights protection” fails those whose rights are heinously violated: millions die annually as a direct result of violations of basic human rights (food, clean water, adequate health); gross and systematic violations of human rights …
May Roundtable: Introduction
Human Rights & Human Welfare
An annotation of:
“Case Closed: A Prosecutor Without Borders” by Julie Flint and Alex de Waal. World Affairs. Spring 2009.
Character Assassination In The Court Of Public Opinion, Tyler Moselle
Character Assassination In The Court Of Public Opinion, Tyler Moselle
Human Rights & Human Welfare
Alex de Waal and Julie Flint employ character assassination on Luis Moreno Ocampo in their World Affairs article “Case Closed: A Prosecutor Without Borders.” Ironically, they are guilty of the same crime they accuse Ocampo of: being overly occupied with the court of public opinion. Or perhaps, that is the only court they as Sudan specialists, and Ocampo as the ICC’s first Prosecutor, have recourse to when attempting to right the wrongs of injustice.
The Prosecutor Of The Icc: Too Political, Not Political Enough, Or Both?, Chandra Lekha Sriram
The Prosecutor Of The Icc: Too Political, Not Political Enough, Or Both?, Chandra Lekha Sriram
Human Rights & Human Welfare
Much of the criticism of the behavior of the prosecutor of the International Criminal Court, Luis Moreno-Ocampo, revolves around two apparently contradictory criticisms, although both may well be true: that he is too political, and that he is not political, or politically savvy, enough. Certainly, his rush to pursue high-profile indictments, contemporaneous with his pursuit of the “low-hanging fruit” (supposedly easy cases such as that of Thomas Lubanga Dyilo), suggest a prosecutor with sharp political instincts and a recognition of the need for a new institution to have a few “quick wins.” Yet, simultaneously, his blundering approach with respect to …
Case Posed: But Can The Prosecution Rest?, Charli Carpenter
Case Posed: But Can The Prosecution Rest?, Charli Carpenter
Human Rights & Human Welfare
Julie Flint and Alex de Waal have published a damning article about the ICC prosecutor Luis Moreno Ocampo which reads, by extension, as a trouncing of the entire institution. I’m not in the loop with the court’s day-to-day politics well enough to offer an informed counter-argument, so instead, by way of playing devil’s advocate, let me agree for argument’s sake with a number of the authors’ claims, hyperbolic and partisan though they sound at places, and then (again for argument’s sake), push back on the assumptions the authors make about the implications of those claims.