Contested Justice
Cambridge University Press, 12/31/2015
EAN 9781107076532, ISBN10: 1107076536
Hardcover, 526 pages, 22.9 x 15.2 x 2.9 cm
Language: English
The International Criminal Court emerged in the early twenty-first century as an ambitious and permanent institution with a mandate to address mass atrocity crimes such as genocide and crimes against humanity. Although designed to exercise jurisdiction only in instances where states do not pursue these crimes themselves (and are unwilling or unable to do so), the Court's interventions, particularly in African states, have raised questions about the social value of its work and its political dimensions and effects. Bringing together scholars and practitioners who specialise on the ICC, this collection offers a diverse account of its interventions: from investigations to trials and from the Court's Hague-based centre to the networks of actors who sustain its activities. Exploring connections with transitional justice and international relations, and drawing upon critical insights from the interpretive social sciences, it offers a novel perspective on the ICC's work. This title is also available as Open Access.
Foreword Ruti G. Teitel
Introduction Christian M. De Vos, Sara Kendall and Carsten Stahn
Part I. Law's Shape and Place
1. In whose name? The ICC and the search for constituency Frédéric Mégret
2. The ICC and conceptions of the 'local' Carsten Stahn
3. The global as local
the limits and possibilities of integrating international and transitional justice David S. Koller
4. Bespoke transitional justice at the International Criminal Court Jaya Ramji-Nogales
5. A synthesis of community based justice and complementarity Michael A. Newton
Part II. Reception and Contestation
6. In the shadow of Kwoyelo's trial
the ICC and complementarity in Uganda Stephen Oola
7. A story of missed opportunities
the role of the International Criminal Court in the Democratic Republic of Congo Pascal Kalume Kambale
8. The justice vanguard
Kenyan civil society and the pursuit of accountability Njonjo Mue and Judy Gitau
9. 'They told us we would be part of history'
reflections on the civil society intermediary experience in the Great Lakes region Deirdre Clancy
Part III. Practices of Inclusion and Exclusion
10. Challenges and limitations of outreach
from the ICTY to the ICC Matias Hellman
11. 'We ask for justice, you give us law'
justice talk and the encapsulation of victims Kamari Maxine Clarke
12. Refracted justice
the imagined victim and the International Criminal Court Laurel E. Fletcher
13. Reparations and the politics of recognition Peter J. Dixon
14. Beyond the restorative turn
the limits of legal humanitarianism Sara Kendall
Part IV. Politics and Legal Pluralism
15. All roads lead to Rome
implementation and domestic politics in Kenya and Uganda Christian M. De Vos
16. Applying and 'misapplying' the Rome Statute in the Democratic Republic of Congo Patryk I. Labuda
17. Beyond the 'shadow' of the ICC
struggles over control of the conflict narrative in Colombia Jennifer Easterday
18. Between justice and politics
the ICC's intervention in Libya Mark Kersten
19. Peace making, justice, and the ICC Juan E. Mendez and Jeremy Kelley.