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 M. H. 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 conflictrelated 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. sarah m. h. nouwen is a university lecturer in law at the University of Cambridge. She is also a Fellow of the Lauterpacht Centre for International Law and of Pembroke College.
Over the past two decades, international criminal law has been increasingly institutionalized and has become one of the dominant frames for defining issues of justice and conflict resolution. Indeed, international criminal law is often presented as the road towards global justice. But the rise of international criminal law and its equation with global justice come with a profound risk: alternative conceptions of justice can be marginalized. Based on field work in Uganda and Sudan, we present five examples of alternative conceptions of justice that in fact have been side-lined: the restoration of relationships, putting an end to ongoing violence, redistribution, non-criminal law forms of punishment and equality. However, international criminal law's monopolization of discourses of justice threatens not only alternative conceptions of justice, but also international criminal law itself. It frustrates one of its main aims: the protection of diversity.
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