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Social and Behavioral Sciences Commons

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International Relations

Series

2009

International criminal law

Articles 1 - 2 of 2

Full-Text Articles in Social and Behavioral Sciences

Timing Justice: Lessons From The Tribunals In Yugoslavia, Rwanda, Sierra Leone, And Cambodia, Zoe B. Whaley May 2009

Timing Justice: Lessons From The Tribunals In Yugoslavia, Rwanda, Sierra Leone, And Cambodia, Zoe B. Whaley

Political Science Honors Projects

Scholarship on tribunals for mass human rights violations overlooks how the presence or absence of conflict influences its effectiveness. I argue that implementing a tribunal during conflict undermines its ability to effectively pursue justice—as I demonstrate with a case study of the Yugoslav Tribunal. Ongoing conflict makes challenges of transitional justice more acute. The absence of conflict eases a tribunal’s ability to carry out certain necessary activities such as collecting evidence. I demonstrate this using a case study of the Rwanda Tribunal. Examining tribunals in Sierra Leone and Cambodia suggests that hybrid structures influence the effectiveness of these accountability mechanisms.


The Pace Of International Criminal Justice, Jean Galbraith Jan 2009

The Pace Of International Criminal Justice, Jean Galbraith

All Faculty Scholarship

This article examines how long international criminal cases take in practice. It considers the cases of all 305 individuals charged at six international and hybrid criminal tribunals (as of shortly before this article's publication). Contrary to the conventional wisdom, on average today’s international criminal cases do not take much longer than comparably complex domestic criminal cases, once the defendants are in custody. Nonetheless, international criminal cases may take too long to achieve the goal of helping to reconcile the affected communities – particularly where a community has abruptly transitioned from an abusive old regime to an entirely new one. Where …