Challenging the International Criminal Justice Template: Failures in the Use of International Criminal Law as a Transitional Justice Mechanism

2016 ◽  
Author(s):  
Kerstin Bree Carlson
Keyword(s):  
Criminal Justice ◽  
Criminal Law ◽  
Transitional Justice ◽  
International Criminal ◽  
International Criminal Law ◽  
International Criminal Justice

International Criminal Justice and Expressivist Theory

2020 ◽  
pp. 18-84
Author(s):  
Carsten Stahn
Keyword(s):  
Criminal Justice ◽  
Criminal Law ◽  
Transitional Justice ◽  
International Criminal ◽  
International Criminal Law ◽  
Emile Durkheim ◽  
International Criminal Justice ◽  
Joel Feinberg ◽  
Communicative Theories ◽  
Antony Duff

The origins of expressivism lie in sociology (e.g. Emile Durkheim) and communicative theories of criminal law (e.g. Joel Feinberg, Antony Duff). These ideas have been developed in contemporary criminal law doctrine (e.g. Günther Jakobs, Andrew von Hirsch, Tatjana Hörnle, Claus Roxin), transitional justice (e.g. Mark Osiel, Pablo de Greiff), and international criminal law. The chapter develops a contemporary theory of expressivism. It argues that expressivism is rooted in a communicative cycle between norms as messages, crimes as messages, and judicial responses. This triad provides an explanation for the functioning of expressivism. It can be divided into norm expression and diverse types of agent-related expression. Their application involves different tensions: empirics versus faith, power-related critiques, instrumentalism, and mediation of messages.

s.III Rationales, Ch.9 Taking Internationalism Seriously: Why International Criminal Law Matters

2020 ◽  
Author(s):  
Gur-Arye Miriam ◽  
Harel Alon
Keyword(s):  
Criminal Justice ◽  
Criminal Law ◽  
International Institutions ◽  
International Criminal ◽  
International Justice ◽  
International Criminal Law ◽  
International Criminal Justice ◽  
Penal Institutions ◽  
Traditional Institutions ◽  
Domestic Level

This chapter focuses on why international criminal law (ICL) matters, by generating a distinctive philosophical vision for the project of international criminal justice. Specifically, this chapter rejects the notion that ICL is simply a gap-filler for ineffective penal institutions at the domestic level. So much of the literature is characterized by an assumption, buttressed by the International Criminal Court’s complementarity principle, that international tribunals simply spring into action to resolve the lacunae in domestic legal processes when armed conflict or other disruptions dismantle traditional institutions for criminal enforcement. In contrast, the chapter argues that the goods of ICL and the values it promotes can only be provided by international entities. In that respect, international justice is not a second-best alternative to domestic justice but is, rather, necessarily international because international institutions are specifically designed to redress wrongs that harm the interests of the international community as a whole.

Responsibility for Bystanders in Mass Crimes: Towards a Duty to Rescue in International Criminal Justice

2017 ◽  
Vol 17 (5) ◽  
pp. 879-908
Author(s):  
Auriane Botte-Kerrison
Keyword(s):  
Criminal Justice ◽  
Criminal Law ◽  
International Criminal ◽  
Common Law ◽  
Civil Law ◽  
International Criminal Law ◽  
International Criminal Justice ◽  
Attribution Of Responsibility ◽  
The Social ◽  
Collective Dimension

This article examines the viability of integrating the duty to rescue concept in international criminal justice to deal with the responsibility of bystanders. Despite the fact that they often contribute to create the social context in which mass crimes occur, bystanders are almost absent from the scope of international criminal justice, focusing mainly on the perpetrators and the victims. This article explores a possible avenue to fill this gap so that the attribution of responsibility for mass crimes can be more coherent with their collective dimension. It assesses whether the duty to rescue concept, commonly found in the legislation of civil law countries, could provide a ‘ready-made’ solution to deal with bystander responsibility. Following a comparative analysis of the different approaches to the duty to rescue in civil law and common law countries, it examines how the duty to rescue would fit with similar concepts in international criminal law.

International Criminal Law as Expressivist Justice

2020 ◽  
pp. 391-416
Author(s):  
Carsten Stahn
Keyword(s):  
Criminal Justice ◽  
Criminal Law ◽  
International Criminal ◽  
International Criminal Law ◽  
International Criminal Justice ◽  
Criminal Proceedings ◽  
Different Dimensions

This chapter connects expressivism to justice discourse and different dimensions of justice. It claims that expressivism has a more complex role in international criminal justice than publicly admitted. It is a means to reaffirm the purposes and ambitions of the field and to encourage commitment to it, and to enact and perform law. It also provides a more realistic understanding of justice. It views justice not as something ‘objective’ or ‘definitive’ that can be delivered through criminal proceedings, but rather as an intersubjective process that is triggered through messages and communicative relationships: justice is a message.

Beyond the Juristic Orientation of International Criminal Justice: The Relevance of Criminological Insight to International Criminal Law and its Control A Commentary

2010 ◽  
Vol 10 (1) ◽  
pp. 97-110 ◽  
Author(s):  
Dawn Rothe ◽  
Christopher Mullins
Keyword(s):  
Criminal Justice ◽  
Criminal Law ◽  
International Criminal Court ◽  
International Criminal ◽  
Criminal Court ◽  
International Criminal Law ◽  
Deterrent Effect ◽  
International Criminal Justice ◽  
Crime Commission ◽  
Empirical Fact

AbstractThis article draws attention to the relevance of criminological insight on issues of international criminal law and criminal justice. In particular, the ideology and theory of deterrence, legitimacy, and international criminal law are drawn from. After all, the deterrent effect has been touted as a solid empirical fact with the progression and development of 'international criminal justice', the international tribunals since the mid 1990s, and the International Criminal Court. Yet, the current rather blind belief in the deterrent impact of international criminal justice remains, regretfully, a bit premature. Additionally, beyond the concepts of deterrence and legitimacy, criminologists have much to contribute to international criminal justice. As noted, there are social, political, cultural, and geographical issues that play a role in not only crime commission, but in the hindrance of and/or facilitation of deterrence. Criminologists are well positioned to show how these connections may facilitate or hinder the broader goals of the legal community.

Personal Remarks on Antonio Cassese and His Vision of International Law and International Criminal Justice along the Road He Walked

2012 ◽  
Vol 25 (2) ◽  
pp. 503-510
Author(s):  
SALVATORE ZAPPALA
Keyword(s):  
Criminal Justice ◽  
International Law ◽  
Criminal Law ◽  
International Criminal ◽  
International Criminal Tribunal ◽  
Academic Community ◽  
International Criminal Law ◽  
International Criminal Justice ◽  
Prolific Author ◽  
The Road

AbstractThis article is a journey through the life of Antonio Cassese, a giant of international law, no doubt one of the most prominent international lawyers of the twentieth century, and the ‘architect of international criminal justice’. From his first steps in the academic community in Pisa in the early 1960s to his well-known contributions as first president of the International Criminal Tribunal for the former Yugoslavia, he became a prolific author and editor of seminal books and commentaries on international law and international criminal law, as well as founder of groundbreaking law journals.

Research Note: Rawls Revisited: Can International Criminal Law Exist?

2006 ◽  
Vol 39 (2) ◽  
pp. 407-420
Author(s):  
Kirsten J. Fisher
Keyword(s):  
Criminal Justice ◽  
Distributive Justice ◽  
International Law ◽  
Criminal Law ◽  
International Criminal ◽  
Research Note ◽  
International Criminal Law ◽  
International Criminal Justice ◽  
Global Context ◽  
Theory Of Justice

Abstract. Questions concerning how Rawls's theory of justice accords with international criminal justice are largely ignored in favour of extensive debates on questions of distributive justice and how they relate to his theory and its international application. This lack of attention to international criminal law is significant since Rawls claims that his theory of justice is developed to correspond with recent dramatic shifts in international law. This paper argues that it is impossible for Rawls's account, state-centric as it is, to accord with advancements in international law that have increasingly asserted recognition of individuals in the global context.Résumé. Les questions concernant comment la théorie de justice de Rawls est en accord avec la justice criminelle internationale sont en grande partie ignorée, même pendant qu'en même temps sa théorie et son application internationale sont profondement discutée par rapport à la justice distributive. Ce manque d'attention à la loi criminelle internationale est important, puisque Rawls prétende que sa théorie de justice est développée en correspondance avec les récents changements dramatiques au niveau de la loi internationale. Cette exposé argumente qu'il est impossible que l'explication de Rawls, état-centré comme elle l'est, s'accorde avec les avancements en la loi internationale qui affirment de plus en plus la reconnaissance des individus dans le contexte global.

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