Debate: The role of international criminal justice in fostering compliance with international humanitarian law

Jenks, Chris; Acquaviva, Guido
December 2014
International Review of the Red Cross;Dec2014, Vol. 96 Issue 895-896, p775
Academic Journal
Much has been written about the “deterrent” role of international courts and tribunals in preventing potential atrocities. Since the establishment of the ad hoc tribunals and the International Criminal Court, the international community has sought to anchor the legitimacy of international justice in the “fight against impunity”. Yet recent studies have suggested that an overly broad characterization of international courts and tribunals as “actors of deterrence” might misplace expectations and fail to adequately capture how deterrence works – namely, at different stages, within a net of institutions, and affecting different actors at different times.1The Review invited two practitioners to share their perspectives on the concrete effects of international criminal justice on fostering compliance with international humanitarian law. Chris Jenks questions the “general deterrence” role of international criminal justice, contending that the influence of complicated and often prolonged judicial proceedings on the ultimate behaviour of military commanders and soldiers is limited. Guido Acquaviva agrees that “general deterrence”, if interpreted narrowly, is the wrong lens through which to be looking at international criminal justice. However, he disagrees that judicial decisions are not considered by military commanders, and argues that it is not the individual role of each court or tribunal that matters; rather, it is their overall contribution to an ever more comprehensive system of accountability that can ultimately foster better compliance with international humanitarian law.


Related Articles

  • USES AND ABUSES OF EMPIRICAL EVIDENCE IN THE DEATH PENALTY DEBATE. Donohue, John J.; Wolfers, Justin // Stanford Law Review;Dec2005, Vol. 58 Issue 3, p791 

    The article focuses on the uses and abuses of empirical evidence in the death penalty debate. The issue of the death penalty has closely paralleled the debate on its efficacy as a deterrent. The book discusses several economic theories of crime and identifying their effects, after which it...

  • A �Slice of Cheese��a Deterrence-Based Argument for the International Criminal Court. Holtermann, Jakob // Human Rights Review;Sep2010, Vol. 11 Issue 3, p289 

    Over the last decade, theorists have persistently criticised the assumption that the International Criminal Court (ICC) can produce a noteworthy deterrent effect. Consequently, consensus has emerged that we should probably look for different ways to justify the ICC or else abandon the...

  • Managing Expectations: International Criminal Trials and the Prospects for Deterrence of Mass Atrocity. Cronin-Furman, Kate // International Journal of Transitional Justice;Nov2013, Vol. 7 Issue 3, p434 

    Despite high hopes that the proliferation of international justice mechanisms represents progress toward the maintenance of international peace and security, claims about the ability of prosecutions to prevent future atrocities remain largely unexamined. These claims rely on undertheorized...

  • Leader Ensures Her Team Provides A Continuum of Services. Leone, Lisa // Corrections Today;Jun2008, Vol. 70 Issue 3, p42 

    The article profiles Gerri Riley, the director of the Reentry Services Division of the Massachusetts Department of Corrections. A discussion of Riley's education and employment history within the corrections industry is presented. Changes which Riley has implemented within the division are...

  • Punishment. P. R. W. // Encyclopaedia of Aboriginal Australia;1994, Vol. 2, p906 

    An encyclopedia entry for the Australian Aboriginal punishment system is presented. Prior to white settlement, Aboriginal societies maintained their own systems of laws and punishments, built around the actions of Dreaming beings. The range of punishments included ridicule, swearing or growling...

  • Point: Violent Juvenile Offenders Should Receive the Same Punishment as Adults. Nolan, Ann // Australia Points of View: Juvenile Offenders;12/1/2018, p2 

    The article presents an argument for trying and sentencing violent juvenile offenders as adults. The author argues that punishing violent offenders as adults may act as a deterrent to other youthful offenders as well as preventing further violent acts. The rate of violent crime committed by...

  • PRACTICES OF STIGMATIZATION. MÉGRET, FRÉDÉRIC // Law & Contemporary Problems;2013, Vol. 76 Issue 3/4, p287 

    The article discusses the goals of international criminal justice as of July 2014, focusing on various opinions regarding international criminal tribunals such as the International Criminal Court (ICC) and judicial goals such as the stigmatization of certain types of behavior. French sociologist...

  • Crime Deterrence: Evidence From the London 2011 Riots. Bell, Brian; Jaitman, Laura; Machin, Stephen // Economic Journal;May2014, Vol. 124 Issue 576, p480 

    Significant riots occurred in London in August 2011. The riots took place in highly localised geographical areas, with crime going up hugely in the affected sub-wards. The criminal justice response was to make sentencing for rioters much more severe. We show a significant drop in riot crimes...

  • دورالمنظماتالدوليةغيرالحكوميةفيانشاءالمحكمةالجنائيةالدولية حيدرعبدمحسنشهد; اضلعليعبدالحسين // Al- Mouhakiq Al-Hilly Journal for Legal & Political Science;2020, Vol. 12 Issue 1, p340 

    The idea of international criminal justice has evolved through the efforts of the international community by seeking to establish a special international criminal jurisdiction. International NGOs have made efforts to develop the international criminal justice system, which contributed to the...


Read the Article


Sorry, but this item is not currently available from your library.

Try another library?
Sign out of this library

Other Topics