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‘Best Before Date Shown’: Residual Mechanisms at the ICTY
In: The Legacy of the International Criminal Tribunal for the Former Yugoslavia, S. 507-536
At the Origins of Crimes Against Humanity - Clues to a Proper Understanding of the Nullum Crimen Principle in the Nuremberg Judgment
In: Journal of International Criminal Justice, April 2011
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Best Before the Date Indicated': Residual Mechanisms at the ICTY
In: THE LEGACY OF THE INTERNATIONAL CRIMINAL TRIBUNAL FOR THE FORMER YUGOSLAVIA, Göran Sluiter, Bert Swart, and Alexander Zahar, eds, Oxford University Press, 2010
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Non-State Actors from the Perspective of International Criminal Tribunals
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Working paper
New Paths in International Criminal Justice?: The Internal Rules of the Cambodian Extraordinary Chambers
In: Journal of International Criminal Justice, Band 6, Heft 1, S. 129-151
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Subjects of International Law: A Power-Based Analysis
In: Vanderbilt Journal of Transnational Law, Band 38, Heft 2
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Debate: The role of international criminal justice in fostering compliance with international humanitarian law
In: International review of the Red Cross: humanitarian debate, law, policy, action, Band 96, Heft 895-896, S. 775-794
ISSN: 1607-5889
Much has been written about the "deterrent" role of international courts and tribunals in preventing potential atrocities. Since the establishment of thead hoctribunals and the International Criminal Court, the international community has sought to anchor the legitimacy of international justice in the "fight against impunity". Yet recent studies have suggested that an overly broad characterization of international courts and tribunals as "actors of deterrence" might misplace expectations and fail to adequately capture how deterrence works – namely, at different stages, within a net of institutions, and affecting different actors at different times.1TheReviewinvited two practitioners to share their perspectives on the concrete effects of international criminal justice on fostering compliance with international humanitarian law. Chris Jenks questions the "general deterrence" role of international criminal justice, contending that the influence of complicated and often prolonged judicial proceedings on the ultimate behaviour of military commanders and soldiers is limited. Guido Acquaviva agrees that "general deterrence", if interpreted narrowly, is the wrong lens through which to be looking at international criminal justice. However, he disagrees that judicial decisions are not considered by military commanders, and argues that it is not the individual role of each court or tribunal that matters; rather, it is their overall contribution to an ever more comprehensive system of accountability that can ultimately foster better compliance with international humanitarian law.
The Oxford Companion to International Criminal Justice
The move to end impunity for human rights atrocities has seen the creation of international and hybrid tribunals and increased prosecutions in domestic courts. The Oxford Companion to International Criminal Justice is the first major reference work to provide a complete overview of this emerging field.Its nearly 1100 pages are divided into three sections. In the first part, 21 essays by leading thinkers offer a comprehensive survey of issues and debates surrounding international humanitarian law, international criminal law, and their enforcement. The second part is arranged alphabetically, con