The Realities of the International Criminal Justice System

365 Pages·2013·1.528 MB·English

by  Dawn Rothe, James Meernik, Thordis Ingadóttir

The Realities of International Criminal Justice

The Realities of International
Criminal Justice
Edited by
Dawn L. Rothe, James Meernik and Þórdís Ingadóttir
LEIDEN • BOSTON
2013
Originally published as Volume 13, No. 1 (2013) pp. 7–318 in Brill’s journal International Criminal
Law Review
Library of Congress Cataloging-in-Publication Data
The realities of international criminal justice / edited by Dawn L. Rothe, James Meernik, and
Thordis Ingadottir.
  pages cm
 Includes index.
 ISBN 978-90-04-25110-6 (hardback : alk. paper) -- ISBN 978-90-04-25111-3 (e-book) 1. Criminal
justice, Administration of. 2. International criminal law. I. Rothe, Dawn, 1961- II. Meernik, James
David. III. Ingadottir, Thordis.
 K5001.R43 2013
 345--dc23
2013015532
ISBN 978-90-04-25110-6 (hardback)
ISBN 978-90-04-25111-3 (e-book)
Copyright 2013 by Koninklijke Brill NV, Leiden, The Netherlands.
Koninklijke Brill NV incorporates the imprints Brill, Global Oriental, Hotei Publishing,
IDC Publishers and Martinus Nijhoff Publishers.
All rights reserved. No part of this publication may be reproduced, translated, stored in
a retrieval system, or transmitted in any form or by any means, electronic, mechanical,
photocopying, recording or otherwise, without prior written permission from the publisher.
Authorization to photocopy items for internal or personal use is granted by Koninklijke Brill NV
provided that the appropriate fees are paid directly to The Copyright Clearance Center,
222 Rosewood Drive, Suite 910, Danvers, MA 01923, USA.
Fees are subject to change.
This book is printed on acid-free paper.
Contents
Acknowledgments .................................................................................................................vii
Introduction ...............................................................................................................................1
Alette Smeulers, Barbora Hola and Tom van den Berg: Sixty-Five Years of
International Criminal Justice: The Facts and Figures ..............................................7
Stephan Parmentier and Elmar Weitekamp: Punishing Perpetrators
or Seeking Truth for Victims: Serbian Opinions on Dealing with
War Crimes .........................................................................................................................43
Kenneth A. Rodman: Justice is Interventionist: The Political Sources
of the Judicial Reach of the Special Court for Sierra Leone ..................................63
Giorgia Tortora: The Financing of the Special Tribunals
for Sierra Leone, Cambodia and Lebanon .................................................................93
Cedric Ryngaert: State Cooperation with the International
Criminal Tribunal for Rwanda .....................................................................................125
Rosa Aloisi: A Tale of Two Institutions: The United Nations
Security Council and the International Criminal Court ......................................147
James Meernik: Justice, Power and Peace: Conflicting
Interests and the Apprehension of ICC Suspects...................................................169
Dawn Rothe and Victoria Collins: The International Criminal
Court: A Pipe Dream to End Impunity? ....................................................................191
Isabella Bueno and Andrea Diaz Rozas: Which Approach
to Justice in Colombia under the Era of the ICC ....................................................211
Steven C. Roach: Multilayered Justice in Northern Uganda:
ICC Intervention and Local Procedures of Accountability .................................249
vi contents
Jonathan O’Donohue: Financing the International Criminal Court .....................269
Mark Findlay: Enunciating Genocide: Crime, Rights and the
Impact of Judicial Intervention ..................................................................................297
James Meernik: Public Support for the International Criminal Court ..................319
Afterward ...............................................................................................................................339
Index ........................................................................................................................................341
Acknowledgements
We want to extend our gratitude and appreciation to Michael Bohlander, as with-
out his initiative, this project would not have happened. It was through his first
efforts, contacts, and planning that we were able to finish this book. For that, we
are eternally thankful to him. We also wish to thank all of the contributors for their
role in making this project a reality. As always, we are also grateful to our many
colleagues, friends and family who continue to support us and our work.
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Introduction
The Realities of International Criminal Justice
Dawn L. Rothe
The international criminal justice system (ICJ), as with domestic mechanisms of
social control, inherently poses various challenges and prospects for states, the
international political community, perpetrators, and victims. Given the vast
amount of research that recognizes the primary and secondary consequences of
states’ responses to crime and violence at national levels, criminologists, socio-
legal and criminal law scholars have, in general, neglected examining these same
concerns at the international level. Consequentially many questions remain in
terms of the role, impact, challenges and prospects of ICJ– both normative and
practical.
Nonetheless, often what is touted, is the ideal or overvalued interpretations of
the impact of the international criminal justice system, from the ad hoc courts
(e.g., International Tribunals for Rwanda and the former Yugoslavia), hybrid courts
(e.g., Special Court for Sierra Leone) to the International Criminal Court (ICC).
This has especially been the case when proponents of ICJ speak to its ability to end
impunity and serve as a deterrent. Many actors within the field of international
criminal justice have heralded the deterrent power of the ICJ system and its ability
to remove impunity for violations of international criminal law. However, the
empirical evidence is mixed at best as to the realities behind the assumed deter-
rent power to date.
Advocates of the ‘international criminal justice system’ have noted the advances
to the treatment of victims from many domestic criminal justice systems. This
claim has particularly been made by backers of the International Criminal Court
(ICC) in relation to the improvements of victims’ rights of the International
Criminal Tribunal for former Yugoslavia (ICTY) and International Criminal
Tribunal for Rwanda (ICTR). Scholars have also pointed to the dangers of an ICJ
system that is active during ongoing conflicts, and/or conflict resolution periods.
The concern here has been on the impact of peace processes and negotiations.
Additional concerns include the issue of enforcement, state-compliance, and
selectivity of situations, cases, and subsequent charges. Other areas of interest
include issues related to legitimacy, due process, sentencing, and the impact of ICJ
on domestic fronts, from the legal to the social.
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