International courts

The pursuit of reparations: promises and practices in international criminal justice

Reparations to victims are often seen as a central aspect of a more victim-oriented approach to justice and peace in the wake of mass atrocities. In what can be described as a potentially significant shift in which international criminal justice is conceived, the International Criminal Court (ICC) became the first international criminal justice body to which individual victims of mass crimes could submit claims for reparations.

The promise and practice of victim reparations in international criminal justice

The PhD midterm review seminar provides an opportunity for PhD scholars to give an update on the progress of their doctoral research and to receive feedback from beyond their supervisory panel. In this PhD midterm review seminar, Christoph Sperfeldt will discuss his thesis on victim reparations in international criminal justice.

Does social science expertise matter at international criminal courts?

Social science experts are increasingly called by the defense or prosecution in international criminal trials, and observers have begun to evaluate their reception in the courtroom.

An analysis of over 450 expert appearances shows that international courts prefer scientific methods. However, when social scientists are called, international courts favor qualitative approaches.

Comparing two international hate speech trials, it becomes apparent that judges accept language experts because they do not challenge judicial sovereignty and the status hierarchy of the courtroom.

International criminal justice and the politics of statebuilding in Palestine

This seminar begins by considering Palestine’s recent membership of the International Criminal Court (ICC) as the latest iteration in the quest for statehood.

A number of international legal mechanisms have been pursued by state and various civil society actors since the mid-2000s. The ICC move then needs to be linked to a broader demonstrative quest to attest to Palestine’s willingness and ability to partake as a full member of international society today in spite of ongoing Israeli occupation.

Unable or unwilling?: Case studies on domestic implementation of the ICC Statute in selected African countries

Author/s (editor/s):

du Plessis, Max
Ford, Jolyon

Publication year:

2008

Publication type:

Journal article

Find this publication at:
http://www.iss.co.za/pgcontent.php?UID=2113

By adopting the Rome Statute and creating a permanent International Criminal Court (ICC), the ideal of ending impunity – so that the most seriouscrimes of concern to the international community should not go unpunished – has taken institutional form. The ideals underlying the ICC require practical instrumentalities and processes not just on the part of the Court, but by allStates in their own jurisdictions. The inability or unwillingness to bring future perpetrators of international crimes to justice would represent a failing of both the international system and of respective national legal systems. This monograph is  concerned with the significance of national level measures and country–ICC co-operation to the effectiveness of the scheme of international criminal justice: it is not enough for states to show by ratification they are willing to co-operate or implement measures, if they do not take the steps to ensure that they are able to prosecute.Tagged as an edited book in Aries but described as a monograph.

Cite the publication as

du Plessis, Max and Jolyon Ford, 2008. ‘Unable or unwilling?: Case studies on domestic implementation of the ICC Statute in selected African countries,’ The Institute for Security Studies Monograph 141: 149.

Boundaries of discourse in the International Court of Justice: Mapping arguments in Arab territorial disputes

Author/s (editor/s):

Burgis, Michelle

Publication year:

2009

Publication type:

Book

Find this publication at:
http://www.brill.nl/boundaries-discourse-international-court-justice

How can Third World experiences of colonialism and statehood be expressed within the confines of the International Court of Justice? How has the discourse of international law developed to reflect postcolonial realities of ‘universal’ statehood? In a close and critical reading of four territorial disputes spanning the Arab World, Burgis explores the extent to which international law can be used to speak for and speak to non-European experiences of authority over territory.

Cite the publication as

Burgis, Michelle, 2009. Boundaries of discourse in the International Court of Justice: Mapping arguments in Arab territorial disputes. Boston: Martinus Nijhoff Publishers.

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