The ICC and the Prevention of Atrocities: Criminological Perspectives

Buitelaar, Tom

doi:10.1007/s12142-016-0414-6

Cited by 5 publications

(2 citation statements)

References 48 publications

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“…And like domestic courts, the ICC faces challenges in both collecting evidence and building cases, and accusations of politicisation and victor's justice. Furthermore, strong evidence is still lacking that the ICC achieves the commonly stated preventive, expressivist and peace-promoting goals, 28 or that it is able to advance not only the interests of global justice but also those of local justice. 29 As a form of justice that is seen by many as distant, selective, and slow, the ICC also struggles to build its credibility beyond its immediate constituency of human rights advocates.…”

Section: Icc Monopolisation Of the Justice Fieldmentioning

confidence: 99%

Criminal Prosecution

Pocar

2021

The Oxford Handbook of the International Law of Global Security

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This chapter focuses on criminal prosecution. Traditionally, in domestic law, criminal prosecution has been regarded as a tool capable of contributing to peaceful and secure governance. Under international law, however, recourse to criminal prosecution as a safeguard for maintaining international peace and security is very recent and still limited, and in many respects disputed. This is the case both when international rules are applied by international jurisdictions and when they are directed at soliciting the exercise of criminal prosecution by domestic courts. The chapter looks at the Rome Statute of the International Criminal Court (ICC Statute), which expressly provides that the jurisdiction of the Court ‘shall be limited to the most serious crimes of concern to the international community as a whole’, and identifies these crimes as the crime of genocide, crimes against humanity, war crimes, and the crime of aggression. Given that the ICC Statute does not merely codify customary international law, but also partially develops or restricts it, its adoption has produced some degree of fragmentation of international criminal law, which further impacts on the existing international case law.

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Section: Icc Monopolisation Of the Justice Fieldmentioning

confidence: 99%

Criminal Prosecution

Pocar

2021

The Oxford Handbook of the International Law of Global Security

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“…To be clear, I do not necessarily agree with these rather pessimistic statements; nor do I disagree with them. Rather, my take on the question of whether the ICC can deter future atrocities must remain agnostic because the literature-from both theoretical and empirical perspectives-does by no means yield a clear answer to this question (Wippman 1999;Akhavan 2001;Chung 2008;Vinjamuri 2010;Bosco 2011;Buitelaar 2016;Hillebrecht 2016;Dancy 2017). And how could it be otherwise?…”

Section: The Disavowal Of Politics As a Noble Liementioning

confidence: 99%

The Bête Noire and the Noble Lie: The International Criminal Court and (the Disavowal of) Politics

Royer

2018

Criminal Law, Philosophy

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For the traditional legalistic discourse on the International Criminal Court (ICC), "politics" is a bête noire that compromises the independence of the Court and thus needs to be avoided and overcome. In response to this legalistic approach, a burgeoning body of literature insists that the Court does not exist and operate "beyond politics", arguing that the ICC is an institution where law and politics are intimately connected. The present article seeks to contribute to this "nontraditional" literature by addressing two of its fundamental weaknesses: First, writers of the "non-traditional camp" often present a rather limited view of "politics"; in particular, they have shied away from taking the radical step of portraying and analysing the ICC as a "political actor". This undermines both its critical and constructive potential. Secondly, these commentators offer a simplistic explanation as to why "traditionalists" treat politics as the ICC's bête noire: Traditionalists, they claim, are "legalists" with scant interest in and understanding of politics. By focusing on the ICC's nature as a political actor, this article does not only paint a more nuanced picture of the ICC but also demonstrates the constructive potential of this understanding of the ICC to shed light on the so-called "peace versus justice dilemma". And secondly, it demonstrates that precisely because the ICC is and ought to be a prudent political actor, it must officially disavow politics. The "noble lie" of disavowing politics, therefore, is a prudential strategy to avoid dangerous moral and political consequences and, ultimately, to secure the continued existence of the ICC itself.

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Obligations to Prevent Within State Territory

Have¹

2017

The Prevention of Gross Human Rights Violations Under International Human Rights Law

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The ICC and the Prevention of Atrocities: Criminological Perspectives

Cited by 5 publications

References 48 publications

Criminal Prosecution

Criminal Prosecution

The Bête Noire and the Noble Lie: The International Criminal Court and (the Disavowal of) Politics

Obligations to Prevent Within State Territory

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