Global Civil Society, the ICC, and Legitimacy in International Criminal Justice

Lohne, Kjersti

doi:10.1017/9781316536469.019

Cited by 27 publications

(12 citation statements)

References 25 publications

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“…UN Security Council resolutions emphasize diagnostic and, especially, prognostic frames above motivational frames: As soft law instruments, they confer authority through legalism. Human rights organizations tend to rely more heavily on their moral authority (see Lohne ). To support their demands for particular responses to social harms and human rights violations, they prioritize the construction of mobilization frames.…”

Section: Frame Articulators Methods and Materialsmentioning

confidence: 99%

End Impunity! Reducing Conflict-Related Sexual Violence to a Problem of Law

Houge

Lohne²

2017

Law Soc Rev

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Whilst sexual violence has been an offence associated both with war‐ and peacetime throughout history, its rise to the tables where international peace and security are negotiated, represents a significant shift. This article continues the scholarly conversation about conflict‐related sexual violence and its emergence as a “hot topic” on academic, political, and activist agendas. Specifically, we ask how and why criminal law constitutes the ultimately meaningful response to such violence. Building on frame analysis, we address how the fight against conflict‐related sexual violence has become the fight against impunity. We examine what imageries of victims and perpetrators, causes and consequences key actors within interstate diplomacy and human rights advocacy evoke to drive this development. We argue that these narratives shape the political discourse on conflict‐related sexual violence, which may in turn influence the perceived political maneuverability in the face of such harms.

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Section: Frame Articulators Methods and Materialsmentioning

confidence: 99%

End Impunity! Reducing Conflict-Related Sexual Violence to a Problem of Law

Houge

Lohne²

2017

Law Soc Rev

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“…), but also how legal capital forms part of non-elite behavior. 47 Here, we also draw on the legacy of legal anthropology and Sally Falk Moore's work and conceptualisation of social fields with porous qualities, with 'flows' between discrete but interconnected semi-autonomous social fields within which the actors operate. 48 The local, national and international humanitarian actions and the 'international humanitarian community' are conceptualised as social fields with a porous quality.…”

Section: Methodology: Exploring Transnational Humanitarian Spaces Thrmentioning

confidence: 99%

Bringing Law into the Political Sociology of Humanitarianism

Lohne¹,

Sandvik²

2017

OLR

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ABSTRACT:Over the past few years, the study of humanitarianism has emerged as an interdisciplinary subfield in international political sociology. This article maps out some preliminary ideas about the role of legal sociology in this project. The study of international humanitarian law has overwhelmingly been the terrain of doctrinal legal scholars, while the apparent lack of other law has meant that, until recently, legal sociologists have paid little attention to the humanitarian sector. There has also been little scholarly concern regarding the consequences of not asking questions about the role of law in the humanitarian project. We argue that legal sociology helps us understand how rules, standards and norms shape and are shaped by practices and interactions within and across humanitarian spaces globally, and how law contributes to humanitarian governance.

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“…191 Human rights NGOs, in particular, deeply rely on international prosecution in their fight for justice. 192 The advocacy work of many of them is so much framed in the terms of international criminal justice that they devote more time in lobbying support for international criminal institutions than in monitoring states' human rights compliance. 193 There is also a different critique that questions the assumptions of international criminal law.…”

Section: Promoting Human Rights Through International Criminal Lawmentioning

confidence: 99%

Historical Trends of Human Rights Gone Criminal

Pinto¹

2020

Human Rights Quarterly

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While the traditional understanding of human rights is to restrain state authority to prevent abuses against the individual, in the last few decades human rights have been recast in a way that has made criminal law one of the main instruments for their promotion. The article explores how, since the 1970s, human rights have allowed penal power to move and expand around the globe. Five trends are explored: i) the rise of victims' rights in criminal proceedings; ii) the emergence of United Nations instruments focusing on human rights enforcements by means of criminal law; iii) the development of transitional justice; iv) the promotion of human rights in international criminal law; and v) the imposition of positive duties in criminal matters by human rights bodies. The article argues that the universality of human rights has enabled criminal justice projects to spread and expand over time and space, mixing domestic and international elements. Victims' rights advocates, NGOs, practitioners, academics, judges, and policymakers have been involved in this process. Yet, the expansion of penality by means of human rights has generally appeared as uncontroversial and important questions have been left unanswered. In particular, the assumptions underlying the idea that human rights require criminal accountability remain unexplored and unchallenged. I.

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Global Civil Society, the ICC, and Legitimacy in International Criminal Justice

Cited by 27 publications

References 25 publications

End Impunity! Reducing Conflict-Related Sexual Violence to a Problem of Law

End Impunity! Reducing Conflict-Related Sexual Violence to a Problem of Law

Bringing Law into the Political Sociology of Humanitarianism

Historical Trends of Human Rights Gone Criminal

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