TITLE

DOES JUSTICE ALWAYS REQUIRE PROSECUTION? THE INTERNATIONAL CRIMINAL COURT AND TRANSITIONAL JUSTICE MEASURES

AUTHOR(S)
LUDWIN KING, ELIZABETH B.
PUB. DATE
February 2013
SOURCE
George Washington International Law Review;2013, Vol. 45 Issue 1, p85
SOURCE TYPE
Academic Journal
DOC. TYPE
Article
ABSTRACT
Two provisions of the Rome Statute of the International Criminal Court (ICC), which address complementarity and discretion to decline "in the interests of justice," give the ICC Prosecutor the ability to defer to a State wishing to undertake its own transitional justice program. Given the global preference for the imposition of individual criminal lia-bility for serious international crimes--as evidenced by the creation of the ICC--it is highly likely that most such programs will involve prosecution. This Article examines whether the ICC Prosecutor might defer prosecu-tion when a State that favors other mechanisms of accountability and reconciliation decides not to prosecute the individuals suspected of involvement in conflict atrocities. Before responding to such a proposal, the Prosecutor should evaluate the stability of the country emerging from conflict, the will of the people affected by the proposal, and the gravity of the crimes at issue. This Article offers a framework for a national plan for justice and peace that includes investigative, retributive, and repara-tive elements, and argues that such a plan is likely to pass muster with the ICC Prosecutor. It then contends that the ICC Prosecutor should decline to prosecute in these situations because the States are in the best position to assess and implement their post-conflict goals and can tailor any policy to their needs. An insistence on prosecution by the ICC Prose-cutor would be shortsighted and would fail to consider the complexities of each State's unique climate as it transitions from violence to peace
ACCESSION #
87074148

 

Related Articles

  • Books Received.  // International Journal of Transitional Justice;Nov2016, Vol. 10 Issue 3, p548 

    No abstract available.

  • The Evolution of International Criminal Justice: A Hybrid Solution is Born. Smogard, Danielle // Hemispheres;2012, Vol. 35, p17 

    The concept of transitional justice--actions taken during the transition from a period of violence to restore justice and order, including international tribu-nals and truth and reconciliation commissions--has existed since the 1940s, but has taken many forms. International retributive forms of...

  • INTREPID JUSTICE. Gillette, Matthew // New Zealand International Review;Mar2007, Vol. 32 Issue 2, p14 

    The article discusses prosecutorial discretion at the International Criminal Court (ICC). According to the author, the level of prosecutorial discretion provided under the Rome Statute of the ICC has caused some discontent amongst commentators. He states that significant restraints on the...

  • Complementarity in Crisis: Uganda, Alternative Justice, and the International Criminal Court. Greenawalt, Alexander K. A. // Virginia Journal of International Law;Oct2009, Vol. 50 Issue 1, p107 

    The article provides the author's insights on the peace process in Uganda as well as the legitimacy and prosecutorial policy of the International Criminal Court (ICC). It mentions the withdrawal of Uganda on ICC's arrest warrants against Lord's Resistance Army (LRA) rebel. It argues that the...

  • PROSECUTION AND PEACE: A ROLE FOR AMNESTY BEFORE THE ICC? Allan, Kate // Denver Journal of International Law & Policy;Spring2011, Vol. 39 Issue 2, p239 

    The article offers information on the confinement of the International Criminal Court (ICC) and the customary prohibition of amnesty. It discusses the action of ICC as it could act only when state has not prosecuted criminals of serious crimes or when the state is unwilling or unable to do so....

  • ENHANCING THE LEGITIMACY, STATUS, AND ROLE OF THE INTERNATIONAL CRIMINAL COURT GLOBALLY BY USING TRANSITIONAL JUSTICE AND RESTORATIVE JUSTICE STRATEGIES. Sarkin, Jeremy // Interdisciplinary Journal of Human Rights Law;2011/2012, Vol. 6, p83 

    This article reviews the role of the International Criminal Court (ICC) and argues that, beyond that of retributive justice, the court ought to be playing a much greater deterrent role. It is argued that the ICC ought to do this by integrating restorative justice or transitional justice...

  • International justice and reconciliation in Namibia: The ICC submission and public memory. Höhn, Sabine // African Affairs;Jul2010, Vol. 109 Issue 436, p471 

    The article analyses the impact of international justice on the debate about public memory and visions of reconciliation in Namibia. Focusing on a recent submission to the International Criminal Court, it shows how domestic actors used international justice to advance their claims for...

  • Will Obama Put U.S. Under International Criminal Court? Kilgannon, Thomas P. // Human Events;2/16/2009, Vol. 65 Issue 7, p1 

    The author focuses on the implications of the submission of the U.S. to the International Criminal Court (ICC). He claims that the inauguration speech of President Barack Obama suggested submission to international authority. He provides information on a report written by David Scheffer and John...

  • 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...

Share

Read the Article

Courtesy of THE LIBRARY OF VIRGINIA

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

Try another library?
Sign out of this library

Other Topics