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This multidisciplinary volume investigates the challenge of attaining legitimacy by international criminal courts and tribunals.
List of contents
Introduction Nobuo Hayashi, Cecelia M. Bailliet and Joanna Nicholson; Part I. Theories and Perspectives: 1. The legitimacy of international criminal tribunals Larry May and Shannon Fyfe; 2. Conceptualising and measuring the legitimacy of international criminal tribunals Silje Aambø Langvatn and Theresa Squatrito; 3. Between international criminal justice and injustice: theorising legitimacy Sergey Vasiliev; 4. Legitimacy, legality, and the possibility of a pluralist international criminal law Asad Kiyani; 5. The legitimacy and effectiveness of international criminal tribunals: a criminal policy perspective Athanasios Chouliaras; Part II. Norms and Objectives: 6. Legitimacy and ICC jurisdiction following Security Council referrals: conduct on the territory of non-Party States and the legality principle Rogier Bartels; 7. Is the Yugoslav Tribunal guilty of hyper-humanising international humanitarian law? Nobuo Hayashi; 8. 'One of the challenges that can plausibly be raised against them'? On the role of truth in debates about the legitimacy of international criminal tribunals Jakob V. H. Holtermann; 9. Hidden legitimacy: crafting judicial narratives in the shadow of secrecy at a war crimes tribunal - a speculation Timothy William Waters; Part III. Complementarity and Regionalism: 10. Positive complementarity and legitimacy - is the International Criminal Court shifting from judicial restraint towards intervention? Ignaz Stegmiller; 11. African supranational criminal jurisdiction: one step towards ending impunity or two steps backwards for international criminal justice? Dorothy Makaza; 12. Legitimacy defects and legal flaws of the Special Tribunal for Lebanon: dilemmas of the 'peace through justice' theorem Martin Wählisch; Part IV. Parties to the Proceedings: 13. Prosecutors' opening statements: the rhetoric of law, politics and silent war Damien Rogers; 14. Effectiveness of international criminal tribunals: empirical assessment of rehabilitation as sentencing goal Barbora Hola, Jessica Kelder and Joris van Wijk; 15. Procedural justice, legitimacy, and victim participation in Uganda Stephen Smith Cody; Part V. States and NGOs: 16. Things fall apart: battles of legitimation and the politics of noncompliance and African sovereignty from the Rwanda tribunal to the ICC Victor Peskin; 17. Financing lady justice: how the funding systems of ad hoc tribunals could lend themselves to the possibility of judicial bias Mistale Taylor; 18. Claiming authority in the name of the other: human rights NGOs and the ICC Kjersti Lohne.
About the author
Nobuo Hayashi is a researcher at PluriCourts at Universitetet i Oslo. He is a specialist in international humanitarian law, international criminal law, and moral philosophy.Cecilia M. Bailliet is Professor and Director of the Masters Program in Public International Law at Universitetet i Oslo. She has published widely within the areas of international law, human rights, refugee law, counter-terrorism and peace. She is currently on the Steering Committee of PluriCourts research project where she is Coordinator of the International Criminal Law Pillar.
Summary
Today's international criminal jurisdictions are at a critical juncture - their legitimacy cannot be taken for granted. This multidisciplinary volume investigates the challenge of attaining legitimacy by international criminal courts and tribunals. Expert authors and emerging scholars challenge received wisdom and shed new light on a range of issues.
