Bücher online kaufen
Trials and Tribulations of International Prosecution
-0 %
 |
| Der Artikel wird am Ende des Bestellprozesses zum Download zur Verfügung gestellt. |
Artikel-Nr:
9780739169414
Veröffentl:
2013
Seiten:
326
Autor:
Henry F. Carey
eBook Typ:
EPUB
Kopierschutz:
Adobe DRM [Hard-DRM]
Sprache:
Englisch
Beschreibung:
This book examines the political and legal challenges of instating criminal prosecutions by international tribunals since their reestablishment a half century after the international military tribunals at Nuremberg and Tokyo.
There have been many political dilemmas that impose structural constraints on the effort to legalize, judicialize, and criminalize normatively deviant behavior in international politics. The annual costs of these tribunals has peaked at approximately $400 million, of which $140 million is allocated to the ICC, the latter now having spent $1 billion in its first decade of existence. What has been the track record of these international criminal courts with jurisdiction to try heads of states and leading official and military officers? Has the domestic political will of states increased to prosecute their own leaders, following the ICC’s complimentary jurisdiction? How have powerful states supported these courts and how have they undermined them?
In succeeding in punishing a number of high-profile cases, the tribunals arguably constitute what Habermas called communicative action that expresses the aspirations and nascent norms of international society. Beyond the confines of a specific of international cooperation, these courts are increasingly becoming norm entrepreneurs, defining the norms of coexistence among states, such that internal atrocities are seen not only as international crimes, but threats to the stability and order of international society. These courts are also redefining the attributes of what states must practice to preserve their reputations, a breach of which will prove increasingly costly. The tribunals are increasingly incentivizing and mobilizing informational networks from NGOs, IGOs, and states to document and publicize violations of international criminal law, thereby increasing exposure risks of perpetration. To be sure the patchwork of compliance and norm communication is fraught with double standards, hypocrisy, selective enforcement, and neoimperial delegitimation of the subaltern. Still, what has begun as institutions created in the absence of humanitarian action by the powerful may come to constitute normal state attributes similar to sovereignty, whose violation will be seen as not only illegitimate, but also meriting humanitarian action to correct and punish such behavior. The question remains whether ongoing impunity of both the powerful and the powerless will undermine or limit this potential.
In succeeding in punishing a number of high-profile cases, the tribunals arguably constitute what Habermas called communicative action that expresses the aspirations and nascent norms of international society. Beyond the confines of a specific of international cooperation, these courts are increasingly becoming norm entrepreneurs, defining the norms of coexistence among states, such that internal atrocities are seen not only as international crimes, but threats to the stability and order of international society. These courts are also redefining the attributes of what states must practice to preserve their reputations, a breach of which will prove increasingly costly. The tribunals are increasingly incentivizing and mobilizing informational networks from NGOs, IGOs, and states to document and publicize violations of international criminal law, thereby increasing exposure risks of perpetration. To be sure the patchwork of compliance and norm communication is fraught with double standards, hypocrisy, selective enforcement, and neoimperial delegitimation of the subaltern. Still, what has begun as institutions created in the absence of humanitarian action by the powerful may come to constitute normal state attributes similar to sovereignty, whose violation will be seen as not only illegitimate, but also meriting humanitarian action to correct and punish such behavior. The question remains whether ongoing impunity of both the powerful and the powerless will undermine or limit this potential.
Introduction
Part I: Thematic Studies
Chapter 1: Customary Law and the Ad Hoc International Criminal Courts
James Larry Taulbee
Chapter 2: The Joint Criminal Enterprise Debate and the Case of Charles Taylor: The Politics of International Criminal Tribunal Law
Kelly-Kate Pease
Chapter 3: Prosecuting Recruitment of Child Combatants by the Special Court for Sierra Leone: Precedents and Problems
Kimberly Lanegran
Chapter 4: Song as a Crime Against Humanity: The First International Prosecution of a Pop Star
Susan Benesch
Chapter 5: Seeking Justice and Accountability: The Dilemmas of Humanitarian Law and Human Rights NGOs
Mahmood Monshipouri
Chapter 6: Peace v. Justice: The Strategic use of International Criminal Tribunals
Candace H. Blake-Amarante
Chapter 7: Understanding the Alienated Constitutents of International Tribunals: Bridging the Gap
Adam M. Smith
Chapter 8: Justice, Peace, and Windmills: An Analysis of ‘Live Indictments’ by the International Criminal Court
Peter Stoett
Chapter 9: Should We Press the Victims? Uneven Support for International Criminal Tribunals
Michael D. Thurston
Chapter 10: The ICC and R2P: Problems of Individual Culpability and State Responsibility
Benjamin N. Schiff
Part II: Case Studies
Chapter 11: The Tokyo War Crimes Trial
YukiTakatori
Chapter 12: Arresting Charles Taylor
Beth Dougherty
Chapter 13: Hybrid Tribunals and the Rule of Law: War Crimes Chamber of the State Court of Bosnia and Herzegovina
Olga Martin-Ortega
Chapter 14: A Necessary Compromise or Compromised Justice? The Extraordinary Chambers in the Courts of Cambodia
Johanna Herman
Chapter 15: Special Tribunal for Lebanon
Kathleen Barrett
Chapter 16: Comparing Formal and Informal Mechanisms of Acknowledgement in Uganda
Joanna Quinn
Chapter 17: Restorative Justice, RPF Rule and the Success of Gacaca
Stacey M. Mitchell
Chapter 18: Gacaca and the Treatment of Sexual Offenses
Prisca Uwigabye
Chapter 19: Guilty as Charged: The Trial of Former President Alberto Fujimori for Human Rights Violations
Jo-Marie Burt
Chapter 20: Afterword
Henry F. Carey
Part I: Thematic Studies
Chapter 1: Customary Law and the Ad Hoc International Criminal Courts
James Larry Taulbee
Chapter 2: The Joint Criminal Enterprise Debate and the Case of Charles Taylor: The Politics of International Criminal Tribunal Law
Kelly-Kate Pease
Chapter 3: Prosecuting Recruitment of Child Combatants by the Special Court for Sierra Leone: Precedents and Problems
Kimberly Lanegran
Chapter 4: Song as a Crime Against Humanity: The First International Prosecution of a Pop Star
Susan Benesch
Chapter 5: Seeking Justice and Accountability: The Dilemmas of Humanitarian Law and Human Rights NGOs
Mahmood Monshipouri
Chapter 6: Peace v. Justice: The Strategic use of International Criminal Tribunals
Candace H. Blake-Amarante
Chapter 7: Understanding the Alienated Constitutents of International Tribunals: Bridging the Gap
Adam M. Smith
Chapter 8: Justice, Peace, and Windmills: An Analysis of ‘Live Indictments’ by the International Criminal Court
Peter Stoett
Chapter 9: Should We Press the Victims? Uneven Support for International Criminal Tribunals
Michael D. Thurston
Chapter 10: The ICC and R2P: Problems of Individual Culpability and State Responsibility
Benjamin N. Schiff
Part II: Case Studies
Chapter 11: The Tokyo War Crimes Trial
YukiTakatori
Chapter 12: Arresting Charles Taylor
Beth Dougherty
Chapter 13: Hybrid Tribunals and the Rule of Law: War Crimes Chamber of the State Court of Bosnia and Herzegovina
Olga Martin-Ortega
Chapter 14: A Necessary Compromise or Compromised Justice? The Extraordinary Chambers in the Courts of Cambodia
Johanna Herman
Chapter 15: Special Tribunal for Lebanon
Kathleen Barrett
Chapter 16: Comparing Formal and Informal Mechanisms of Acknowledgement in Uganda
Joanna Quinn
Chapter 17: Restorative Justice, RPF Rule and the Success of Gacaca
Stacey M. Mitchell
Chapter 18: Gacaca and the Treatment of Sexual Offenses
Prisca Uwigabye
Chapter 19: Guilty as Charged: The Trial of Former President Alberto Fujimori for Human Rights Violations
Jo-Marie Burt
Chapter 20: Afterword
Henry F. Carey