International criminal justice has become a weapon in political struggles Uganda and Sudan. In this light, article discusses the meaning of Criminal Court's judicial interventions. It argues that ICC, presented by its advocates as legal bastion immune from politics, is inherently making distinction between friends enemies international community which it purports to represent. Using original empirical data, demonstrates how both Sudan warring parties have used ICC's intervention brand...

In the context of a special issue on 'practices' at International Criminal Court, this article focuses practice representation, and in particular representing victims. As political social theorists such as Pitkin Bourdieu have argued with respect to politics, representation does not merely reflect reality, it is constitutive it. ICC, two practices victim been prevalent. The first rather novel widely welcomed victims participants ICC proceedings. second older discursive invocation telos...

Over the past two decades, international criminal law has been increasingly institutionalized and become one of dominant frames for defining issues justice conflict resolution. Indeed, is often presented as road towards global justice. But rise its equation with come a profound risk: alternative conceptions can be marginalized. Based on field work in Uganda Sudan, we present five examples that fact have side-lined: restoration relationships, putting an end to on-going violence,...

This is the story behind another story. Inspired by anthropological practice of reflexivity, it traces some practical, epistemological, ethical and existential questions a book based on empirical socio-legal research into international criminal law in situations conflict. The challenges involved such are at times impossible to overcome. Indeed, may be that researcher will never able answer her original question fully confidently. However, can findings themselves. They reveal insights role...

Abstract This is the story behind another story. Inspired by anthropological practice of reflexivity, it traces some practical, epistemological, ethical, and existential questions a book based on empirical socio-legal research into international criminal law in situations conflict. The challenges involved such are at times impossible to overcome. Indeed, may be that researcher will never able answer her original question fully confidently. However, can findings themselves. They reveal...

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Pour qu’un héritage soit réellement grand, il faut que la main du défunt ne se voie pas. In 2014, a year of memorial ceremonies commemorating the twentieth anniversary Rwandan genocide, International Criminal Tribunal for Rwanda (ICTR) marked its own with launch “legacy website.” With closing scheduled December 2015, question legacy had become increasingly pressing. The website premiered video that “celebrates accomplishments ICTR” in “visually compelling” style. Blurring distinction between...

They cannot represent themselves; they must be represented. (1) Karl Marx I REPRESENTATIONAL PRACTICES AT THE INTERNATIONAL CRIMINAL COURT Representation is one of the most ingrained practices at International Criminal Court (ICC). (2) ICC defense counsel engage in probably best known practice representation by directly representing interests accused. But prosecutor and chambers also represent: The prosecutes adjudicate on behalf of--at minimum--all states that have ratified Rome Statute...

The literature has welcomed hybrid courts as a new type of international crimes courts, asserting that they promise to combine the benefits and avoid drawbacks purely domestic trials. Upon closer examination current examples in Kosovo, East Timor, Sierra Leone, Cambodia Bosnia Herzegovina it is revealed, however, highly questionable whether such can be ascribed category. differ from one another critical respects. Furthermore, some features do have common appear coincidental, are not defining...

In its Taylor decision the Special Court for Sierra Leone denied immunity ratione personae to the, at time of indictment, President Liberia. This article first analyzes legal reasoning that decision. The Court's finding it is an international court approved; consequence attaches criticized. then presented as illustration negative consequences relying upon controversial elements ICJ's Arrest Warrant case. It suggested instead distinction between national and courts, difference criminal...

Part of the forthcoming Oxford Handbook on International Criminal Law, this chapter explores relationship between international criminal justice and field humanitarianism. From some perspectives within these fields, humanitarianism are diametrically opposed (international against humanitarianism). Whilst recognising differences in mandates operational practices, argues that fields nevertheless share certain attributes challenges. Building parallels, illustrates two central issues faced by...

Is it possible for the ICC to become an actor in political struggles over definition and labelling of friends enemies? In our article 'Doing Justice Political: The International Criminal Court Uganda Sudan' we gave affirmative answer this question, based on empirical findings from Sudan a concept derived Schmitt, Kirchheimer Shklar. Taking Schmitt's con- cept 'enemy mankind' as his starting point, Schotel disputes conclusions. Although 'parties violent/political conflict may try mobilize law...

This paper is the longer version of an article that will appear in a Symposium American Journal International Law on legacy ad hoc tribunals for former Yugoslavia and Rwanda.

Abstract This article argues that it is important for the International Court of Justice to be given an opportunity, instance through a request Advisory Opinion, explain what exactly meant when suggested ordinarily applicable international law on immunities need not obstacle “before certain criminal courts, where they have jurisdiction”. Two courts built structure case this one obiter comment, which seems unable support.