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Trial Justice

Trial Justice
Author: Tim Allen
Publisher: Zed Books Ltd.
Total Pages: 212
Release: 2013-04-04
Genre: Law
ISBN: 1848137931

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The International Criminal Court (ICC) has run into serious problems with its first big case -- the situation in northern Uganda. There is no doubt that appalling crimes have occurred here. Over a million people have been forced to live in overcrowded displacement camps under the control of the Ugandan army. Joseph Kony's Lord's Resistance Army has abducted thousands, many of them children and has systematically tortured, raped, maimed and killed. Nevertheless, the ICC has confronted outright hostility from a wide range of groups, including traditional leaders, representatives of the Christian Churches and non-governmental organizations. Even the Ugandan government, which invited the court to become involved, has been expressing serious reservations. Tim Allen assesses the controversy. While recognizing the difficulties involved, he shows that much of the antipathy towards the ICC's intervention is misplaced. He also draws out important wider implications of what has happened. Criminal justice sets limits to compromise and undermines established procedures of negotiation with perpetrators of violence. Events in Uganda have far reaching implications for other war zones - and not only in Africa. Amnesties and peace talks may never be quite the same again.


Trial Justice

Trial Justice
Author: Tim Allen
Publisher:
Total Pages: 0
Release: 1922-03-14
Genre:
ISBN: 9781848135321

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The International Criminal Court (ICC) has run into serious problems, with its first big case - the situation in northern Uganda - and more recently with its warrant for the arrest of the President of Sudan for alleged crimes against humanity in Darfur, and also the deteriorating situation in the Democratic Republic of Congo. This new and fully updated edition of Tim Allen's groundbreaking book assesses the continuing controversy surrounding the ICC and the recent events that have added fuel to the debate.There is no doubt that appalling crimes have occurred in Uganda, DRC and Darfur, with many thousands systematically tortured, raped, maimed and killed. Nevertheless, the ICC has confronted outright hostility from a wide range of groups, including traditional leaders, representatives of the Christian Churches and non-governmental organizations.While recognizing the difficulties involved, Allen shows that much of the antipathy towards the ICC's intervention is misplaced. He also draws out important wider implications of what has happened, demonstrating that criminal justice sets limits to compromise and undermines established procedures of negotiation with perpetrators of violence. Events in countries such as Uganda, DRC and Sudan have far reaching implications for other war zones - and not only in Africa. Amnesties and peace talks may never be quite the same again.


Justice in Conflict

Justice in Conflict
Author: Mark Kersten
Publisher: Oxford University Press
Total Pages: 273
Release: 2016-06-24
Genre: Law
ISBN: 0191082937

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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 Arrest Warrants in Northern Uganda and Peace Negotiations

The International Criminal Court Arrest Warrants in Northern Uganda and Peace Negotiations
Author: Lilian Busingye
Publisher:
Total Pages: 130
Release: 2011
Genre: Atrocities
ISBN:

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"For more than two decades, the Lord's Resistance Army (LRA) has been engaged in armed conflict against the government of Uganda. Under the leadership of Joseph Kony, the LRA is responsible for atrocities that include forced abduction; abuse of children and turning them into child soldiers; gruesome indiscriminate murders; mutilation; torture and rape of civilians; and looting and destruction of property. Over the last several years, the government of Uganda has pursued multiple strategies to end the war. In addition to military efforts, the government tried to engage the LRA in peace talks directed at ending the conflict. This presented the best chance to end the nation's devastating civil war. With the LRA's disregard of peace talks and continuous terrorizing of the population, the Ugandan government used its position of having ratified the Rome Statute to refer the crimes of the LRA to the International Criminal Court (ICC). The ICC prosecutor initiated an investigation and in July 2005 issued arrest warrants for Kony and four of his top commanders, two of whom are alleged to have since died. Recent developments indicate that the government of Uganda would prefer for the ICC to withdraw the arrest warrants if the accused agreed to undergo a tribal justice ritual that requires a public confession, and an apology without threat of incarceration. The Ugandan government would also favor a plan that supplements this traditional justice system with more formal court proceedings for those accused of the most serious crimes. In response, the rebels have said they will not engage in any peace negotiations, and they have singled out the ICC arrest warrants as the main reason and have called for their withdrawal. Situations from Sudan, The Democratic Republic of Congo, and Central African Republic are briefly analyzed for comparative purposes and to offer the reader a general insight into the ICC intervention in Africa. This study is to investigate the possibility that the ICC arrest warrants have interfered with the peace negotiations to end this civil war."--Abstract.


Complementarity in the Line of Fire

Complementarity in the Line of Fire
Author: Sarah M. H. Nouwen
Publisher: Cambridge University Press
Total Pages: 529
Release: 2013-06-27
Genre: Law
ISBN: 1107433940

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Of the many expectations attending the creation of the first permanent International Criminal Court, the greatest has been that the principle of complementarity would catalyse national investigations and prosecutions of conflict-related crimes and lead to the reform of domestic justice systems. Sarah Nouwen explores whether complementarity has had such an effect in two states subject to ICC intervention: Uganda and Sudan. Drawing on extensive empirical research and combining law, legal anthropology and political economy, she unveils several effects and outlines the catalysts for them. However, she also reveals that one widely anticipated effect – an increase in domestic proceedings for conflict-related crimes – has barely occurred. This finding leads to the unravelling of paradoxes that go right to the heart of the functioning of an idealistic Court in a world of real constraints.


The Lord's Resistance Army

The Lord's Resistance Army
Author: Mareike Schomerus
Publisher: Cambridge University Press
Total Pages: 331
Release: 2021-04
Genre: History
ISBN: 1108485928

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Based on interviews with the notorious armed rebel group, the LRA, this study explores why efforts at contemporary peacemaking so often fail.


Against Humanity

Against Humanity
Author: Sam Dubal
Publisher: Univ of California Press
Total Pages: 294
Release: 2018-02-13
Genre: History
ISBN: 0520296095

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Introduction : against humanity -- How violence became inhuman : the making of modern moral sensibilities -- Gorilla warfare : life in and beyond the bush -- Beyond reason : magic and science in the LRA -- Interlude : Re-turn and dis-integration -- Rebel kinship beyond humanity : love and belonging in the war -- Rebels and charity cases : politics, ethics, and the concept of humanity -- Conclusion : beyond humanity, or how do we heal?


International Criminal Court Cases in Africa: Status and Policy Issues

International Criminal Court Cases in Africa: Status and Policy Issues
Author: Alexis Arieff
Publisher: DIANE Publishing
Total Pages: 33
Release: 2010
Genre: International criminal courts
ISBN: 1437932797

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This report provides background on current International Criminal Court (ICC) cases and examines issues raised by the ICC's actions in Africa, including the potential deterrence of future abuses and the potential impact on African peace processes.