The Local Impact of the International Criminal Court: From Law to Justice

Criminal Law

The Local Impact of the International Criminal Court: From Law to Justice

By Marieke Wierda
Cambridge University Press July 2023

Specifications

ISBN-13
9781009152747
Publisher
Cambridge University Press
Publication
July 2023
Format
Hardback
Jurisdiction
U.K. ? Countri(es) for reference only

Also available as

Paperback

Details

The International Criminal Court seeks to end impunity for the world's worst crimes, to contribute to their prevention. But what is its impact to date? This book takes an in-depth look at four countries under scrutiny of the ICC: Afghanistan, Colombia, Libya and Uganda. It puts forward an analytical framework to assess the impact of the ICC on four levels: on the domestic legal systems (systemic effect); on peace negotiations and agreements (transformative effect); on victims (reparative effect); and on the perceptions of affected populations (demonstration effect). It concludes that the ICC, through its expressive function, is having a normative impact on domestic legal systems and peace agreements, but it has brought little reparative justice for victims, and it does not necessarily correspond with affected populations view justice priorities. The book concludes that justice for the world's worst crimes has no “universal formula” that can easily be captured in law.

Table of Contents

1. A framework for assessing the impact of the ICC
2. Systemic effect I: The flaws of complementarity
3. Systemic effect II: Internalization of the Rome statute
4. Transformative effect I: A paradigm shift in peace negotiations?
5. Transformative effect II: Peace negotiations in the shadow of the ICC
6. Societal impact I: Reparative effect for victims?
7. Societal impact II: Demonstration effect in affected communities
8. Conclusion: from law to justice
Annex A: Methodological note
Annex B: The current state of the international court
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