The Legitimacy of International Criminal Tribunals

This multidisciplinary volume investigates the challenge of attaining legitimacy by international criminal courts and tribunals.

Nobuo Hayashi (Edited by), Cecilia M. Bailliet (Edited by)

9781107146174, Cambridge University Press

Hardback, published 19 January 2017

524 pages
22.9 x 15.2 x 2.9 cm, 0.87 kg

With the ad hoc tribunals completing their mandates and the International Criminal Court under significant pressure, today's international criminal jurisdictions are at a critical juncture. Their legitimacy cannot be taken for granted. This multidisciplinary volume investigates key issues pertaining to legitimacy: criminal accountability, normative development, truth-discovery, complementarity, regionalism, and judicial cooperation. The volume sheds new light on previously unexplored areas, including the significance of redacted judgements, prosecutors' opening statements, rehabilitative processes of international convicts, victim expectations, court financing, and NGO activism. The book's original contributions will appeal to researchers, practitioners, advocates, and students of international criminal justice, accountability for war crimes and the rule of law.

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.

Subject Areas: Courts & procedure [LNAA], International criminal law [LBBZ], International law [LB]