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The International Criminal Court in Ongoing Intrastate Conflicts
Navigating the Peace–Justice Divide
A fresh approach to analysing the impact of the International Criminal Courts in ongoing conflicts, beyond polemics.
Patrick S. Wegner (Author)
9781107676619, Cambridge University Press
Paperback / softback, published 13 December 2018
429 pages, 11 b/w illus. 4 tables
22.9 x 15.1 x 2.2 cm, 0.55 kg
'Well-written, pedagogically structured and temporally relevant, this monograph gives an excellent overview of the main debates about the ICC in ongoing conflicts and, more importantly, brings the reader beyond the classical dichotomy on the pros and cons of the ICC's involvement, with methodology and nuances. Wegner not only explores the ICC's challenges, but also provides potential solutions and addresses an important caution to legal advisors: law cannot navigate without politics.' Claire Magnoux, Journal of International Criminal Justice
In recent decades, international courts have increasingly started investigating armed conflicts. However, the impact of this remains under-researched. Patrick S. Wegner closes this gap via a comprehensive analysis of the impact of the International Criminal Court in the Darfur and Lord's Resistance Army conflicts. He offers a fresh approach to peace and conflict studies, while avoiding the current quantitative focus of the literature and polarisation between critics and supporters of applying justice in conflicts. This is the first time that the impact of an international criminal court has been analysed in all its facets in two conflicts. The consequences of these investigations are much more complex and difficult to predict than most of the existing literature suggests. Recurrent claims, such as the deterrent effect of trials and the danger of blocking negotiations by the issuing of arrest warrants, are put to the test here with some surprising results.
1. Introduction
Part I. The International Criminal Court in Conflicts: 2. The ICC and its role in international politics
3. Cross-case overview
Part II. Case Studies: 4. The ICC in Sudan: fighting impunity or heightening tensions?
5. The ICC in Uganda: isolating spoilers or blocking negotiations?
Part III. Results: 6. Transcending the peace-justice divide
7. Conclusions and outlook
Bibliography
Index.
Subject Areas: Criminal justice law [LNFB], International criminal law [LBBZ], International human rights law [LBBR], Law [L], Human rights [JPVH], International relations [JPS]