In Search of the ‘Vertical’: Towards an Institutional Theory of International Criminal Justice’s Core

Mégret, Frédéric

doi:10.1007/978-90-6704-495-0_9

Cited by 21 publications

(4 citation statements)

References 33 publications

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“…132 One example is the development of 'hybrid' courts, such as the Special Court for Sierra Leone and the Special Tribunal for Lebanon, which, according to Mégret, 'deal with the artificial distinction between the domestic and the international by simply collapsing it'. 133 In relation to transitional justice, scholars have also invoked the concept of hybridity to illuminate disconnects between top-down institutions and on-the-ground experiences. 134 On this point, Jones notes that 'the recognition that transitional justice as a normative ambition is in fact political and contested has led to a plethora of work exploring the reactions and perspectives of affected populations as well as the biases and practices of marginalization within transitional justice itself'.…”

Section: Facilitative Hybridity and Why Social Ecologies Mattermentioning

confidence: 99%

‘The Everyday Work of Repair’: Exploring the Resilience of Victims-/Survivors of Conflict-Related Sexual Violence

Clark

2021

Millennium: Journal of International Studies

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This interdisciplinary article uses what Das has termed ‘the everyday work of repair’ as a framework for thinking about resilience. It is not the first to discuss resilience and the everyday. What is novel is the context in which it does so. Extant scholarship on conflict-related sexual violence has largely overlooked the concept of resilience. Addressing this gap, the article draws on semi-structured interviews with victims-/survivors of conflict-related sexual violence in Bosnia and Herzegovina (BiH), Colombia and Uganda to examine what everyday resilience ‘looks’ like and how it is expressed within and across highly diverse social ecologies. In so doing, it reflects on what everyday resilience means for transitional justice, through a particular focus on hybridity. It introduces the term ‘facilitative hybridity’, to underscore the need for transitional justice processes to give greater attention to the social ecologies that can crucially support and enable the everyday work of repair and everyday resilience.

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Section: Facilitative Hybridity and Why Social Ecologies Mattermentioning

confidence: 99%

‘The Everyday Work of Repair’: Exploring the Resilience of Victims-/Survivors of Conflict-Related Sexual Violence

Clark

2021

Millennium: Journal of International Studies

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“…209 Moreover, while the 1990s was marked by a turn to international institutions on the assumption that domestic justice response would have been inadequate, 210 in more recent years critiques and limitations of trials at the international stage have fostered the creation of tribunals that integrate both domestic and international structures. 211 159 (2002) (arguing that the desire to punish in international criminal law creates a dilemma between conducting a fair trial and performing a show trial). 216 Throughout the text, the term "human rights bodies" encompasses both regional human rights courts and international human rights monitoring bodies.…”

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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“…114 This idea is drawn from Frédéric Mégret's representational theory of international criminal justice, which offers a cogent defence of hybrid tribunals as the particular adjudicative mechanism that best encapsulates the particular characteristic of international crimes. 115 However Mégret's theory is only a step on the way to a principled justification for the extent of internationalization.…”

Section: The Local and The Globalmentioning

confidence: 99%

Towards a Principled Justification for the Mixed Composition of Hybrid International Criminal Tribunals

Hobbs¹

2016

Leiden Journal of International Law

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The justification for a majority of international judges sitting on hybrid international criminal tribunals is tremendously undertheorized. At present, policymakers must rely on base pragmatic considerations that allege that local judges are either too incapable or too corrupt. This may or may not be true. It is, however, certainly unattractive and inadequate as an argument. In this article, I sketch out a principled theoretical argument defending internationalization of hybrid tribunals. Drawing on debates in municipal jurisdictions on the principle of fair reflection, my principled justification centres on institutional and sociological legitimacy. As international crimes strike at two societies – the local and the global – hybrid tribunals should be composed of both international and local judges. In principle, the severity of international crimes dictates that international judges should predominate. However, peculiar contextual factors may suggest moderating the principle of fair reflection in appropriate circumstances.

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In Search of the ‘Vertical’: Towards an Institutional Theory of International Criminal Justice’s Core

Cited by 21 publications

References 33 publications

‘The Everyday Work of Repair’: Exploring the Resilience of Victims-/Survivors of Conflict-Related Sexual Violence

‘The Everyday Work of Repair’: Exploring the Resilience of Victims-/Survivors of Conflict-Related Sexual Violence

Historical Trends of Human Rights Gone Criminal

Towards a Principled Justification for the Mixed Composition of Hybrid International Criminal Tribunals

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