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Justice In Conflict

Author: Mark Kersten
Publisher: Oxford University Press
ISBN: 0191082945
Size: 54.10 MB
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What happens when the international community simultaneously pursues peace and justice in response to ongoing conflicts? What are the effects of interventions by the International Criminal Court (ICC) on the wars in which the institution intervenes? Is holding perpetrators of mass atrocities accountable a help or hindrance to conflict resolution? This book offers an in-depth examination of the effects of interventions by the ICC on peace, justice and conflict processes. The 'peace versus justice' debate, wherein it is argued that the ICC has either positive or negative effects on 'peace', has spawned in response to the Court's propensity to intervene in conflicts as they still rage. This book is a response to, and a critical engagement with, this debate. Building on theoretical and analytical insights from the fields of conflict and peace studies, conflict resolution, and negotiation theory, the book develops a novel analytical framework to study the Court's effects on peace, justice, and conflict processes. This framework is applied to two cases: Libya and northern Uganda. Drawing on extensive fieldwork, the core of the book examines the empirical effects of the ICC on each case. The book also examines why the ICC has the effects that it does, delineating the relationship between the interests of states that refer situations to the Court and the ICC's institutional interests, arguing that the negotiation of these interests determines which side of a conflict the ICC targets and thus its effects on peace, justice, and conflict processes. While the effects of the ICC's interventions are ultimately and inevitably mixed, the book makes a unique contribution to the empirical record on ICC interventions and presents a novel and sophisticated means of studying, analyzing, and understanding the effects of the Court's interventions in Libya, northern Uganda - and beyond.

The International Criminal Court And Peace Processes In Africa

Author: Line Gissel
Publisher: Routledge
ISBN: 1351591894
Size: 36.69 MB
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The book investigates how involvement by the International Criminal Court (ICC) affects efforts to negotiate peace. It offers an interpretive account of how peace negotiators and mediators in two peace processes in Uganda and Kenya sought to navigate and understand the new terrain of international justice, while also tracing how and why international decision-making processes interfered with the negotiations, narrated the conflicts and insisted on a narrow scope of justice. Building on this interpretive analysis, a comparative analysis of peace processes in Uganda, Kenya and Colombia explores a set of general features pertaining to the judicialisation of peace. Line Engbo Gissel argues that the level and timing of ICC involvement is key to the ICC’s impact on peace processes and explains why this is the case: a high level of ICC involvement during the negotiation phase of a peace process delegates politico-legal and discursive authority away from peace process actors, while a low level of ICC involvement during the negotiation phase retains such forms of authority at the level of the peace process. As politico-legal authority enables the resolution of sticking points and discursive authority constructs the conflict and its resolution, the location of authority is important for the peace process. Furthermore, judicialisation also affects the negotiation and implementation of a justice policy, with a narrowing scope for justice accompanying increasing levels of ICC involvement.

International Practices Of Criminal Justice

Author: Mikkel Jarle Christensen
Publisher: Routledge
ISBN: 1351384627
Size: 73.35 MB
Format: PDF
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International Practices of Criminal Justice: Social and Legal Perspectives examines the practitioners, practices, and institutions that are transforming the relationship between criminal justice and international governance. The book links two dimensions of international criminal justice, by analyzing the fields of international criminal law and international police cooperation. Although often thought of separately, each of these fields presents criminal justice as a governance method for resolving international challenges and crises. By focusing on examples from international criminal tribunals, transitional justice, transnational crime, and transnational policing and prosecution, the contributors to this collection all examine how criminal justice is unmoored from the state, while also attending to the struggles and challenges that emerge when criminal justice is used as a form of international action. International Practices of Criminal Justice: Social and Legal Perspectives breaks new ground in criminology, international legal studies and the sociology of law, and will be of interest to students, scholars, and practitioners across a wide array of fields in criminal justice, international law, and international governance.

International Law And Armed Conflict

Author: Noëlle Quénivet
Publisher: T.M.C. Asser Press
ISBN:
Size: 46.83 MB
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While a more traditional approach to international law and armed conflict focuses on the use of force and international humanitarian law, this book incorporates other international legal regimes such as human rights law, international private law, international criminal law, environmental law, as well as regional and national legal regimes. In doing so, a broader picture emerges and reveals the current challenges faced by lawyers in regulating armed conflicts. This in turn highlights the complexities, intricacies, and the interrelationship of the different regimes that may be rendered applicable to armed conflicts. Also, in taking a more inclusive approach, this book provides a new perspective on both existing and emerging themes in this field. The topics covered in this book include privatisation of warfare, protection of the environment, use of natural resources to support armed conflicts, involvement of children in armed conflicts, the relationship between peace, security and justice.

Understanding Conflict And Conflict Analysis

Author: Ho-Won Jeong
Publisher: SAGE Publications Limited
ISBN:
Size: 21.36 MB
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“...an awesome tour d’horizon of modern war, violence, and confrontation within and between nations. Illustrating via just about every conflict in every corner of the world, the author invokes an endless array of insights and interpretations, ranging from the micro to the macro, beautifully written in a seamless sequence of closely linked and discursive essays.” —J. David Singer, University of Michigan “Jeong has successfully combined behavioral and structural analysis of the dynamics of social conflict. This volume covers the multiple dimensions - escalation, entrapment, de-escalation, termination, and resolution - both of violent and non-violent confrontation between adversaries, as well as the utility and limitations of external intervention. For students of the social sciences, it should serve as an excellent introduction to the complex realities of social conflict.” —Milton Esman, John S. Knight Professor of International Studies, Emeritus, Cornell University By examining the dynamic forces which shape and re-shape major conflicts, Understanding Conflict and Conflict Analysis provides students with the new knowledge base needed to successfully study conflict sources, processes and transformations. It covers social, political, and psychological features central to understanding conflict situations and behavior. A wide range of both recent and historical examples (including the Arab-Israeli conflict, US-Russia relations, the “War on Terrorism,” civil wars in Sudan, Iraq, former Yugoslavia, Sri Lanka) are discussed in a comparative context, illustrating the application of concepts and theories essential to the analysis of inter-group, inter-state conflict and prospects for conflict resolution. Intended Audience: This will be a key text for students of international relations, peace and conflict studies, psychology, sociology, international security and international law. “Ho-Won Jeong has written an illuminating analysis of the dynamics of conflict. He lays out the tools we have to analyze conflict in a literate and comprehensive way. A valuable book for anyone interested in a more comprehensive understanding of conflict, its sources, and its de-escalation and termination.” —Janice Gross Stein, Belzberg Professor of Conflict Management, Director, Munk Centre for International Studies, University of Toronto

Peace With Justice

Author: Paul R. Williams
Publisher: Rowman & Littlefield Pub Inc
ISBN:
Size: 70.16 MB
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Resolving the Yugoslav conflict was the last great foreign policy challenge of the twentieth century. Never before in history was so much emphasis placed on the need to employ the concept of justice in the peace process or was so much energy devoted to creating and utilizing international justice-based institutions. In this provocative and insightful book, two former State Department lawyers, Paul R. Williams and Michael P. Scharf, tell the true story, warts and all, of the role of justice in building peace in the former Yugoslavia.