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Full-Text Articles in Social and Behavioral Sciences
The Persuasive Authority Of Internationalized Criminal Tribunals, Elena Baylis
The Persuasive Authority Of Internationalized Criminal Tribunals, Elena Baylis
Articles
After a period in which it seemed as though hybrid criminal tribunals were waning, proposals for such tribunals are proliferating again. The recent success of the Extraordinary African Chambers in trying Hisséne Habré highlights the resurgent trend toward ad hoc internationalized courts and chambers to try cases of genocide, war crimes, and crimes against humanity. The international community could make strategic choices in designing this new generation of tribunals to maximize their effectiveness. One way that international courts spread their influence is through their persuasive authority. Even if their decisions are not binding on the concerned national courts, by persuading …
Sign Up Or Sign Off: Asia’S Reluctant Engagement With The International Criminal Court, Mark Findlay
Sign Up Or Sign Off: Asia’S Reluctant Engagement With The International Criminal Court, Mark Findlay
Research Collection Yong Pung How School Of Law
The International Criminal Court argues that there is a need to achieve universal ratification so that the majority of mankind will no longer remain outside the protection of the ICC. In the Asia/Pacific region there is a relatively low accession rate of nation states to the Rome Statute. This paper proposes a taxonomy of resistance to ratification in the region, recognising that in speculating on the reasons for resistance to the ratification of international criminal justice, local to the global across Asia and the Pacific, there is a risk in both over emphasising cultural and political difference while at the …