Doing Justice to the Political: The International Criminal Court in Uganda and Sudan

Nouwen, Sarah; Werner, W.G.

doi:10.1093/ejil/chq064

Cited by 154 publications

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“…The arrest and conviction of Charles Taylor by the Special Court of Sierra Leone further demonstrated that ( former ) heads of state could—and should—be held accountable for their crimes by international courts. Scholars and justice activists further argued that the threat of accountability could have a deterrent effect on the commission of atrocity crimes, at least under certain conditions (Hillebrecht ; Kersten ; Nouwen ; Nouwen and Werner ; Prorok ; Wegner ).…”

Section: Holding On For What We Have Got: High Office and Protection mentioning

confidence: 99%

International Criminal Accountability and the Domestic Politics of Resistance: Case Studies from Kenya and Lebanon

Hillebrecht¹

2020

Law Soc Rev

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Contemporary international criminal law suggests that head of state immunity does not extend to atrocity crimes, but the executive's office continues to be the safest place for suspected perpetrators. Moreover, indicted suspects can use the threat of international accountability to win democratically contested elections. This article asks how suspects and their surrogates translate an indictment from an international criminal tribunal into an electoral victory and suggests that the path between an indictment and electoral victory unfolds in one of two ways: (1) the consolidation of existing coalitions around the indicted suspects and their allies; or (2) the creation of new coalitions that span existing cleavages. The article evaluates these assumptions through two cases: Lebanon and the Special Tribunal for Lebanon and Kenya and the International Criminal Court. These two decidedly different cases exemplify the ways in which coalitional politics shield suspects international accountability and reward them with high office.

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Section: Holding On For What We Have Got: High Office and Protection mentioning

confidence: 99%

International Criminal Accountability and the Domestic Politics of Resistance: Case Studies from Kenya and Lebanon

Hillebrecht¹

2020

Law Soc Rev

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“…Sarah Nouwen (2013) also documents how ICC investigations catalyzed legal reforms in the DRC and Sudan. Uganda's ICC implementing legislation was passed only recently, in 2010, but it empowers the Ugandan High Court to prosecute international crimes (Nouwen and Werner 2011). The DRC passed a domestic law incorporating the elements of the Rome Statutes as recently as January 2016, although it is too early to tell how these domestic laws will be Implemented.…”

Section: Domestic Institutionalizationmentioning

confidence: 99%

Measuring Norms and Normative Contestation: The Case of International Criminal Law

Simmons

2019

Journal of Global Security Studies

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One way to tell if an international norm is robust is to assess the breadth of its support from a wide variety of important actors. We argue that to assess norm robustness, we should look at the general beliefs, rhetorical support, and actions of both primary and secondary norm addressees (states and non-state actors) at various levels: international, regional, domestic and local. By way of example, we evaluate the robustness of international criminal law (ICL) norms by looking at the rhetoric and actions of a diverse set of international actors, including not only states and intergovernmental organizations but also ordinary publics, rebel groups, and non-governmental organizations. Assessing evidence of norms beyond states leads us to conclude that the core ICL norms are robust but their practical and institutional applicability are still contested. Contestation over applicability is important and there are hints that it is growing, at least among some key actors, suggesting the possibility of ICL norm decay.

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“…Previously, the International Criminal Court had issued an arrest warrant for then-President Bashir (since ousted in a coup in April 2019) who stands accused of committing war crimes including genocide during the uprisings in Darfur in the early 2000s. This aggressive transitional justice approach to Sudanese peace, while supported by a few opposition groups and Darfuri victim associations, has been widely criticised in Sudan for undermining local agency and for disincentivising rebels to engage in peace talks (Natsios 2012, 161;Nouwen and Werner 2010). This indictment was formally suspended by the chief prosecutor in 2014.…”

Section: Civil-society Building and Local Resistancementioning

confidence: 99%

Hybridising diasporic resistance to homeland peacebuilding: a case study of UK Sudanese activists and Sudanese peace

Wilcock

2019

Journal of Ethnic and Migration Studies

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This article discusses what motivates diasporas to resist homeland peacebuilding using the case of the UK-based Sudanese diaspora. It identifies the need to analyse diasporic resistance against a framework of hybrid peacebuilding and local resistance. In hybrid frameworks, resistance is not necessarily motivated by 'anti-peace' intentions but can be part of attempts to secure peace. This investigation examines the two key peacebuilding strategies in Sudan during 2014; the National Dialogue and internationally-led civil society building, both of which were subject to considerable resistance at the local level in Sudan. Applying an analytical framework of hybridity and using empirical material from interviews with UK-based Sudanese activists, the article asks why these processes were resisted by the diaspora and to what extent these motivations build on, resonate with, or subvert local resistance(s). The findings show that motivations behind diasporic resistance to homeland peacebuilding matches with local resistance in relation to the National Dialogue. However, in relation to international peacebuilding, the diasporic resistance diverged from the local in several key ways. Through contextualising diasporic resistance against hybrid peace and local resistance, the paper contributes to a hybrid understanding of diasporic resistance during homeland peacebuilding.

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Doing Justice to the Political: The International Criminal Court in Uganda and Sudan

Cited by 154 publications

References 0 publications

International Criminal Accountability and the Domestic Politics of Resistance: Case Studies from Kenya and Lebanon

International Criminal Accountability and the Domestic Politics of Resistance: Case Studies from Kenya and Lebanon

Measuring Norms and Normative Contestation: The Case of International Criminal Law

Hybridising diasporic resistance to homeland peacebuilding: a case study of UK Sudanese activists and Sudanese peace

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