International Criminal Court Facing the Peace vs. Justice Dilemma

Krzan, Bartłomiej

doi:10.1016/j.icj.2017.01.001

Cited by 5 publications

(4 citation statements)

References 12 publications

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“…In other words, the ICC must work on its statute to be more effective in combating crimes against humanity. Despite its many different challenges, the ICC must be prepared to face the dilemma of peace and justice (Krzan 2016). Ending conflicts and establishing human rights is impossible without bringing perpetrators to justice.…”

Section: Resultsmentioning

confidence: 99%

Role of International Criminal Court in Reducing Human Rights Violations

Othman¹

2022

Int. J. Criminol. Sociol.

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Crimes against human rights and military conflicts within and between states are forcing the international community to take collective responsibility for peace and prevention of such incidents. An important factor in this direction is the accountability of those who commit crimes against humanity. Apart from representatives of the judicial system of each individual country, this role is assigned to the International Criminal Court (ICC). While its role in the investigation of military conflicts and crimes against human rights has been questioned by a series of setbacks, it is impossible to deny the ICC's impact on peace. To identify the role of the ICC in the establishment and protection of human rights, authors analyse closed and open criminal investigations throughout the history of the Court. Analysis of the criminal cases opened in 4 countries is provided, namely: Uganda, Kenya, Sudan, and Iraq. The obtained data demonstrate that investigations are more effective in countries that are members of the Rome Statute. With more power, the International Criminal Court can work more effectively with the governments of these states and hold those responsible for crimes against humanity to account. Thus, in Sudan, the pre-trial investigation in several cases has been going on for more than 10 years, the trial itself has not yet begun. In the Iraq-UK case, the ICC Attorney's Office also failed to obtain justice for the perpetrators of crimes against Iraqi citizens. The authors recommend addressing this factor and consider an in-depth study of the ICC statute. Changes in international criminal justice require flexibility from relevant organisations and their statutes.

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Section: Resultsmentioning

confidence: 99%

Role of International Criminal Court in Reducing Human Rights Violations

Othman¹

2022

Int. J. Criminol. Sociol.

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“…The first is fear; when leaders recognize that the ICC is actively pursuing them for the reason of prosecution for their crimes, they are unwilling to engage with the court because of the potential for arrest. As a result of the prosecutions, they are also unlikely to relinquish any power they currently hold under the fear of international pressure [7]. Moreover, they are similarly unlikely to agree to power-sharing agreements.…”

Section: Obstruction Of Peace Negotiationmentioning

confidence: 99%

“…This section will explore two independent ways conflicts are intensified due to ICC intervention: the desperation of the accused leader and aggression from opposition parties. Although, as the Truth and Reconciliation Commission in Sierra Leone claimed, "those who argue that peace cannot be bartered in exchange for justice, under any circumstances, must be prepared to justify the likely prolongation of an armed conflict," the desire to immediately hold heads of state and leaders accountable likely comes at the expense of a shortened conflict [7]. This additionally angers leaders such as Kony and motivates them to commit more crimes within and outside their borders.…”

Section: Intensified and Prolonged Conflictmentioning

confidence: 99%

Prosecution of Governmental Figures: An Obstacle in the Path to Peace

Tsai

2023

LNEP

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Amongst numerous conflicts in the status quo that have devastated economies and resulted in massive human life losses, international criminal law must turn away from the hollow principles of justice and accountability; instead, an alternative of impunity and peace is preferable. This paper challenges the traditional notion that government officials who lead and are responsible for crimes recognized by the International Criminal Court (ICC) should be prosecuted by said committee. It will explore how prosecution hinders the functionality of peace processes and negotiations while analyzing its impact on the incentive for leaders to intensify and prolong conflicts. Lastly, this paper suggests an alternative to impunity through mechanisms such as establishing Truth and Reconciliation Commissions and blanket amnesties as a more sustainable option to maintain peace. Justice cannot come without consensus, which is a prerequisite to justice.

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“…The most serious of them is, of course, the effects the prosecution of perpetrators can have on ongoing conflicts. The problem-known as the "peace versus justice dilemma"-is that in some cases the prosecution of perpetrators can have profoundly negative effects on peace processes with the potential to exacerbate and prolong bloody conflicts (Kastner 2011;Kersten 2016;Krzan 2016). In a policy paper on the interpretation of Article 53 of the Rome Statute (1998)-the famous "interest of justice clause"-the Office of the Prosecutor (OTP) addressed this "peace versus justice dilemma" by claiming that it is simply a "non-issue" for the prosecutor.…”

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confidence: 99%

The Bête Noire and the Noble Lie: The International Criminal Court and (the Disavowal of) Politics

Royer

2018

Criminal Law, Philosophy

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For the traditional legalistic discourse on the International Criminal Court (ICC), "politics" is a bête noire that compromises the independence of the Court and thus needs to be avoided and overcome. In response to this legalistic approach, a burgeoning body of literature insists that the Court does not exist and operate "beyond politics", arguing that the ICC is an institution where law and politics are intimately connected. The present article seeks to contribute to this "nontraditional" literature by addressing two of its fundamental weaknesses: First, writers of the "non-traditional camp" often present a rather limited view of "politics"; in particular, they have shied away from taking the radical step of portraying and analysing the ICC as a "political actor". This undermines both its critical and constructive potential. Secondly, these commentators offer a simplistic explanation as to why "traditionalists" treat politics as the ICC's bête noire: Traditionalists, they claim, are "legalists" with scant interest in and understanding of politics. By focusing on the ICC's nature as a political actor, this article does not only paint a more nuanced picture of the ICC but also demonstrates the constructive potential of this understanding of the ICC to shed light on the so-called "peace versus justice dilemma". And secondly, it demonstrates that precisely because the ICC is and ought to be a prudent political actor, it must officially disavow politics. The "noble lie" of disavowing politics, therefore, is a prudential strategy to avoid dangerous moral and political consequences and, ultimately, to secure the continued existence of the ICC itself.

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International Criminal Court Facing the Peace vs. Justice Dilemma

Cited by 5 publications

References 12 publications

Role of International Criminal Court in Reducing Human Rights Violations

Role of International Criminal Court in Reducing Human Rights Violations

Prosecution of Governmental Figures: An Obstacle in the Path to Peace

The Bête Noire and the Noble Lie: The International Criminal Court and (the Disavowal of) Politics

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