The Role of the International Criminal Court (ICC) in Reducing Massive Human Rights Violations Such as Enforced Disappearances in Africa: Towards Developing Transitional Justice Strategies

Sarkin, Jeremy

doi:10.1111/j.1754-9469.2011.01104.x

Cited by 8 publications

(3 citation statements)

References 19 publications

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“…Processes of forensic examination can also have an effect on processes of reconciliation (Daly and Sarkin 2007;Sarkin and Daly 2004). It can also assist wider transitional justice processes at work in a country (Sarkin 2011;.…”

Section: Resultsmentioning

confidence: 99%

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2015

Forensic Archaeology

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Section: Resultsmentioning

confidence: 99%

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2015

Forensic Archaeology

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“…This scenario played out in South Africa during the 1980s, when the National Party government resorted to increasingly violent and underhand tactics to fight against ‘ die swaart ’ and ‘ rooi gevaar ’ (the ‘black’ and ‘red’ danger). There were about 2000 enforced disappearances under apartheid, most of them perpetrated by members of the Police Security Branch and Counter-Insurgency Unit ( Sarkin, 2015 ). The case of Simelane, a young anti-apartheid activist who was last seen in the trunk of a policeman's car in 1983, tortured and detained at a block of flats, and thereafter at a farm in the northern part of the country, is one example of how cars, boots, flats and farms were deployed as infrastructures in the disappearances (and extrajudicial punishments) secretly carried out by the State in the name of ‘security’.…”

Section: Repertoires Of Legal Pluralism and ‘Penal Excess’ ...mentioning

confidence: 99%

Cars, compounds and containers: Judicial and extrajudicial infrastructures of punishment in the ‘old’ and ‘new’ South Africa

Super

2022

Punishment & Society

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This paper examines non-state infrastructures of vigilante violence in marginalized spaces in South Africa. I argue that car trunks, shacks, containers, and other everyday receptacles function as the underside of official institutions, such as prisons and police lock-ups, and bear historical imprints of the extrajudicial punishments inflicted on black bodies during colonialism and apartheid. I focus on two techniques: forcing someone into the trunk of a vehicle and driving them around to locate stolen property, and confinement in garages, shacks, containers, or local public spaces. Whereas in formerly ‘whites only’ areas, residents have access to insurance, guards, gated communities, fortified fences, and well-resourced neighbourhood watches, in former black townships and informal settlements, this is not the case. Here, the boot, the shack, the shed, the car, and the minibus taxi play multiple roles, including as vectors and spaces of confinement, torture, and execution. Thus, spatiotemporality affects both how penal forms permeate space and time, and how space and time constitute penal forms. These vigilante kidnappings and forcible confinements are not mere instances of gratuitous violence. Instead, they mimic, distort, and amplify the violence that underpins the state's unrealized monopoly over the violence inherent in its claims to police and punish.

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“…The ICC has many opponents and disbelievers. Some skeptics believe that the Court does not do enough simply prosecuting individuals but should expand into restorative and transitional justice in order to make a difference in preventing human rights violations (Sarkin, 2011). As the ICC investigates and prosecutes more individuals, a few scholars are beginning to research the impact of the Court.…”

Section: Human Rights Treaties International Human Rights Treaties Su...mentioning

confidence: 99%

Repressed by the Scales of Justice: The Ramifications of the International Criminal Court

Schoner¹

2014

TEF

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The recent movement toward international legal institutions has culminated in the creation of the International Criminal Court (ICC) by the Rome Statute. Proponents maintain that this supranational court will deter massive human rights violations by creating an external threat of punishment. I argue, however, that this very threat of punishment creates an incentive for state leaders to further repress their citizens. I hypothesize that both ratification of the Rome Statute and active involvement by the ICC will increase levels of repression. Using an ordered logistic regression, I find partial support for the hypothesized theory. Rome Statute ratification is associated with lower levels of repression while active involvement is associated with higher levels of repression. The findings have major implications for the international community as they imply that the mere existence of the ICC is a deterrent and that any action by the Court, however, may backfire, potentially worsening human rights.

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The Role of the International Criminal Court (ICC) in Reducing Massive Human Rights Violations Such as Enforced Disappearances in Africa: Towards Developing Transitional Justice Strategies

Cited by 8 publications

References 19 publications

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Cars, compounds and containers: Judicial and extrajudicial infrastructures of punishment in the ‘old’ and ‘new’ South Africa

Repressed by the Scales of Justice: The Ramifications of the International Criminal Court

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