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Keywords: International criminal justice
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Journal Article
Why the International Criminal Court Should Apply Restorative Justice and Transitional Justice Principles to Improve the Impact of Its Criminal Trials on Societies around the World
Jeremy Julian Sarkin
International Journal of Transitional Justice, ijaf005, https://doi.org/10.1093/ijtj/ijaf005
Published: 22 February 2025
... potential. This article, using theoretical and empirical methodologies, argues for the reconceptualization of international criminal justice within the ICC’s framework to effectively integrate retributive and restorative proceedings and punishments. It contends that changes to ICC practice are needed...
Journal Article
Male and Gender-Diverse Victims of Sexual Violence in the Rohingya Genocide: The Selective Narrative of International Courts
Victoria Hospodaryk
International Journal of Transitional Justice, Volume 17, Issue 2, July 2023, Pages 252–267, https://doi.org/10.1093/ijtj/ijad013
Published: 28 June 2023
..., and drawing upon insights gained from interviews with lawyers working with the Rohingya, I expose the gaps in the emerging narrative of Rohingya victimization and explain the reasons behind them. Burma/Myanmar gender international criminal justice sexual violence/rape victims ‘Justice for us is exposing...
Journal Article
Using Strategic Litigation and Universal Jurisdiction to Advance Accountability for Serious International Crimes
Brianne McGonigle Leyh
International Journal of Transitional Justice, Volume 16, Issue 3, November 2022, Pages 363–379, https://doi.org/10.1093/ijtj/ijac020
Published: 19 October 2022
... informal networks amongst civil society actors, referred to as transnational advocacy networks (TANs), are hugely important when it comes to advocacy and strategic litigation work. 53 Within the field of international criminal justice, these networks and alliances are crucial because the crimes...
Journal Article
When Kings Are Criminals: Lessons from ICC Prosecutions of African Presidents
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Mattia Cacciatori
International Journal of Transitional Justice, Volume 12, Issue 3, November 2018, Pages 386–406, https://doi.org/10.1093/ijtj/ijy023
Published: 29 October 2018
... sitting heads of state. However, this requires a reconsideration of the moral imperatives underpinning the idea of punitive justice that the ICC embodies. International Criminal Court international criminal justice pragmatism Sudan Kenya When the International Criminal Court (ICC) was established...
Journal Article
Unveiling the Historical Function of International Criminal Courts: Between Adjudicative and Sociopolitical Justice
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Barrie Sander
International Journal of Transitional Justice, Volume 12, Issue 2, July 2018, Pages 334–355, https://doi.org/10.1093/ijtj/ijy012
Published: 29 May 2018
... to which international criminal courts should be expected to write history in practice. 4 With the emergence of the field of international criminal justice over the course of the past 70 years, history has become judicialized. 1 As communities – both local and international – have...
Journal Article
The African Justice Cascade and the Malabo Protocol
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Matiangai Sirleaf
International Journal of Transitional Justice, Volume 11, Issue 1, March 2017, Pages 71–91, https://doi.org/10.1093/ijtj/ijx002
Published: 18 February 2017
... an important, alternative vision of regional criminal justice. The article concludes that the regional court could arguably tailor criminal accountability to the context, needs and aspirations of the Continent. Malabo Protocol regional court justice cascade Africa international criminal justice...
Journal Article
Transformative Reparations for Women and Girls at the Extraordinary Chambers in the Courts of Cambodia
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Sarah Williams and Emma Palmer
International Journal of Transitional Justice, Volume 10, Issue 2, July 2016, Pages 311–331, https://doi.org/10.1093/ijtj/ijw006
Published: 14 April 2016
..., and the context in which it operates, limit the contribution that it can make to transformation. It is therefore important to be realistic about what can be expected from such institutions. reparations transformation gender international criminal justice Extraordinary Chambers in the Courts of Cambodia...
Journal Article
International Criminal Justice as a Transnational Field: Rules, Authority and Victims
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Peter Dixon and Chris Tenove
International Journal of Transitional Justice, Volume 7, Issue 3, November 2013, Pages 393–412, https://doi.org/10.1093/ijtj/ijt015
Published: 01 October 2013
... Candidate, Department of Sociology, University of California, Berkeley, USA. Email: [email protected] Abstract 1 This article develops a framework for understanding what international criminal justice (ICJ) is, how it works and why it is arguably the most influential approach to transitional...
Journal Article
Defining Justice during Transition? International and Domestic Contestations over the Special Tribunal for Lebanon
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Michelle Burgis-Kasthala
International Journal of Transitional Justice, Volume 7, Issue 3, November 2013, Pages 497–517, https://doi.org/10.1093/ijtj/ijt014
Published: 31 July 2013
... 1 This article explores the Special Tribunal for Lebanon (STL) as a site of contestation and consolidation for the fields of international criminal justice (ICJ) and transitional justice (TJ). Created in response to the assassination of former Prime Minister Rafiq Hariri in 2005, the STL exhibits...
Journal Article
Improving International Criminal Investigations into Mass Graves: Synthesizing Experiences from the Former Yugoslavia
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Melanie Klinkner
Journal of Human Rights Practice, Volume 4, Issue 3, November 2012, Pages 334–364, https://doi.org/10.1093/jhuman/hus019
Published: 14 September 2012
... to rectify past problems and to prepare for future investigations of mass graves. expert evidence forensic science international criminal justice International Criminal Tribunal for the former Yugoslavia (ICTY); mass graves As part of a coordinated effort to achieve transitional justice in response...
Journal Article
Constructions of Legitimacy: The Charles Taylor Trial
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Marlies Glasius and Tim Meijers
International Journal of Transitional Justice, Volume 6, Issue 2, July 2012, Pages 229–252, https://doi.org/10.1093/ijtj/ijs008
Published: 19 April 2012
... the legitimacy and utility of international criminal justice, which have tended to neglect the examination of actual trials, and particularly the role of the defence. We draw on the legal doctrine of ‘expressivism’ to theorize the connection between normative legitimacy, actual support and the utility...
Journal Article
Victim Participation and the Trial of Duch at the Extraordinary Chambers in the Courts of Cambodia
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Phuong N. Pham and others
Journal of Human Rights Practice, Volume 3, Issue 3, November 2011, Pages 264–287, https://doi.org/10.1093/jhuman/hur022
Published: 01 November 2011
...) was the first in the history of international criminal justice in which surviving victims of alleged crimes could participate directly in international criminal proceedings as civil parties. In this study, we interviewed all 75 civil parties residing in Cambodia, including those who had ultimately been denied...
Chapter
Conclusion
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Kim Christian Priemel
Published: 15 September 2016
... Karadžić Radovan Milošević Slobodan Russia Special Court for Sierra Leone Taylor Charles Balkans Brđanin trial Ustaše regime Del Ponte Carla Goldstone Richard Lubanga Dyilo Thomas international criminal justice transitional justice ICTY ICTR ICC Rome Statute Milošević I.[nternational] l...
Chapter
Individuals as Bystanders to Atrocity Crimes
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Roland Moerland
Published: 18 March 2022
... dissonance totalitarianism totalitarian regimes Milgram Stanley international criminal justice ICJ international criminal law ICL duty to rescue doctrine transitional justice atrocity triangle situated positionality bystander effect moral and legal responsibility international criminal justice...
Chapter
International Criminal Court and Ad Hoc Tribunals
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Richard Goldstone
Published: 08 August 2018
..., the International Criminal Court became effective in July 2002 and will likely become the only international criminal court. Geneva Conventions Hague Conventions Institute of International Law international criminal justice international humanitarian law IHL Lieber Code Red Cross Treaty 1864 St Petersburg...
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International Criminal Court and Ad Hoc Tribunals
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Richard Goldstone
Published: 02 September 2009
...) and the International Criminal Tribunal for Rwanda. The ‘completion strategy’ of both international criminal tribunals is discussed. The article also covers the creation of ‘mixed’ courts and a single model for international criminal justice, namely the International Criminal Court. Institute of International Law...
Chapter
An Empirical Analysis of International Criminal Law: The Perception and Experience of the Accused
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Marie-Sophie Devresse and Damien Scalia
Published: 07 May 2020
... accused of being responsible for terrible acts, the chapter insists that even the most despised genocidaire can contribute to knowledge-production about international criminal justice. This chapter’s conclusions, which are based on an analysis of 60 interviews, though enlightening...
Chapter
The Creation of an AD Hoc Elite: And the Value of International Criminal Law Expertise on a Global Market
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Mikkel Jarle Christensen
Published: 07 May 2020
... of the field, a small number of agents have built positions that enable them to be seen as the spokespersons for international criminal justice. One is William Pace, convener of the Coalition for the ICC that coordinates the work of more than 2,500 NGOs with interest in the ICC. Another trajectory more closely...
Chapter
Immunity and Impunity
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Adil Ahmad Haque
Published: 07 May 2020
... van Alebeek Rosanne International Court of Justice ICJ UN Van den Wyngaert Christine Geneva Convention 1949 Genocide Convention 1948 international criminal justice ICJ war crimes and the rules of war Lauterpacht Hersch Shawcross Hartley Marshall John Schooner Exchange v McFaddon Kirgis...
Chapter
Published: 07 May 2020
... justice is in ‘crisis’. Although the language of ‘crisis’ suggests a temporary and exceptional moment, the project of international criminal justice has essentially been in a legitimacy crisis since its emergence. International criminal tribunals have never been able to cleanse their ‘original sin...
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