State Withdrawal Notifications from the Rome Statute of the International Criminal Court: South Africa, Burundi and the Gambia

Ssenyonjo, Manisuli

doi:10.1007/s10609-017-9321-z

Cited by 55 publications

(6 citation statements)

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“…Divergent perspectives between national political and legal sites of practice have shaped controversial developments. This was the case, for instance, with regard to the ICC's arrest warrant for the president of Sudan, Omar Al-Bashir, that was especially controversial during his 2015 visit to South Africa (Tladi 2015;Ssenyonjo 2018). An emergency order was issued by a Pretoria High Court, but Al-Bashir was ushered out of the country, something that was later criticized by NGOs in the national context and by international lawyers as well as in an ICC decision on the non-compliance of South Africa.…”

Section: Justice Sites In and Across Different Fieldsmentioning

confidence: 99%

Justice Sites and the Fight against Atrocity Crimes

Christensen¹

2022

Law Soc. Inq.

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This article develops a new conceptual framework designed to critically study how locality and transversal power relations structure activity and developments in the global field of international criminal justice. The framework is built around the concept of “justice sites,” defined as localities in which organized and social labor—in this case, working with international criminal justice—takes place. The potential effects of social labor performed in specific sites of justice are structured partly by their locality and the resources to which it gives access and partly by their structural position in wider transversal chains of cooperation and competition that cut across different globalized and national fields. In addition to structuring the connections between justice sites, transversal power relations link sites of justice to “practice sites” embedded in other fields in which localized, social labor is not routinely engaged with international criminal justice. Such linkages demonstrate how the framework, developed to study how locality and transversal relations shape the fight against atrocity crimes, can also be used to investigate sites engaged in and across other globalized and national fields of justice, law, governance, and security.

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Section: Justice Sites In and Across Different Fieldsmentioning

confidence: 99%

Justice Sites and the Fight against Atrocity Crimes

Christensen¹

2022

Law Soc. Inq.

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“…The ICTR cost roughly US$2 billion (Leithead 2015). The ICC has cost well over $1.5 billion as of the end of 2016 (Ssenyonjo 2018). In 2020, the ICC had an annual budget of approximately 150 million euros (ICC 2020, 6).…”

Section: Transitional Justicementioning

confidence: 99%

International assistance after conflict: health, transitional justice and opportunity costs

Swenson

Kniess

2021

Third World Quarterly

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After violent conflicts, international actors face difficult choices about whether and how to provide assistance. These decisions can have immense consequences. As aid always occurs under conditions of scarcity, theoretical reflection is crucial to reveal the opportunity costs and potential tensions between alternative courses of action. Yet there has been relatively little scholarly reflection on what should constitute priorities for post-conflict assistance and why. This paper advances this debate by comparing two very different areas of assistance that both embody compelling values and goals: public health and transitional justice. It argues that aid for public health deserves greater attention based on powerful normative considerations and its impressive empirical record. It also suggests the need to examine not only clearly underperforming areas, but also tough cases. Transitional justice, despite its strong normative foundations, faces challenges and limitations that justify reform and a reconsideration of the emphasis commonly placed on it. Our intention is not to suggest that long-standing commitments ought to be abandoned or that all aid should be allocated to health. Rather, by scrutinising the priorities of international assistance, we hope to start a general discussion about how the international community can best help societies heal after conflict.

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“…The idea is that heads of state must have some latitude to perform acts and participate in international politics on foreign soil without fear of foreign domestic law. However, as mentioned earlier, there is debate about whether immunity can be conferred for international crimes such as genocide, crimes against humanity, and war crimes, especially before the ICC (Ssenyonjo 2018). Generally, the position taken by the ICC, although not definitive, is that ‘customary international law creates an exception’ and no immunity can be conferred for these types of crimes because genocide, war crimes and crimes against humanity cannot be acts of state and because they are jus cogen norms – that is, they are norms from which no derogation is permitted, not even by state leaders (Decision on Malawi, ICC-02/05-01/09 2011: para.…”

Section: The Moral Weight Of African Criticismsmentioning

confidence: 99%

Africa's role in the progression of international criminal justice: a moral and political argument

Fisher

2018

J. Mod. Afr. Stud.

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Given the history of the International Criminal Court in Africa, the relationship between African states and the Court is particularly significant to its legitimacy. If the power of the Court is grounded in international political support and the perception that it transcends international and national politics to deny impunity for ‘atrocity’ crimes, the Court's perceived legitimacy and normative legitimacy are so intertwined that charges of illegitimacy from significant regional stakeholders hold particular weight. More importantly, criticisms voiced by African actors point to a valid challenge to the Court's legitimate moral standing as an arbiter of global justice: the international power imbalance that seems to be becoming more entrenched and apparent in the Court's work. Tactics adopted by some African leaders of prioritising the issue of heads-of-state immunity, however, minimise the broader issue of power differentials and reduce the chance that African states will find allies in their cause to challenge the Court's operations.

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State Withdrawal Notifications from the Rome Statute of the International Criminal Court: South Africa, Burundi and the Gambia

Cited by 55 publications

References 1 publication

Justice Sites and the Fight against Atrocity Crimes

Justice Sites and the Fight against Atrocity Crimes

International assistance after conflict: health, transitional justice and opportunity costs

Africa's role in the progression of international criminal justice: a moral and political argument

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