Search results for "kansainvälinen oikeus"
showing 9 items of 9 documents
The European Court of Human Rights (ECtHR) vis-à-vis amnesties and pardons : factors concerning or affecting the degree of ECtHR’s deference to states
2022
States have adopted amnesties/pardons concerning serious human rights violations to transition from crises, dictatorships, or conflicts worldwide, including Europe. Although the ECtHR has yet to review amnesties/pardons directly, it has increasingly decided on the effects of amnesties/pardons on the rights of individuals. Thus, the main research question herein is to identify which factors may determine whether and to what extent the ECtHR defers to states regarding amnesties/pardons in cases of serious human rights violations, namely, factors concerning or affecting the degree of ECtHR’s deference to states in these cases. Based on ECtHR’s jurisprudence on amnesties/pardons, this article a…
Victims and appeals at the International Criminal Court (ICC) : evaluation under international human rights standards
2021
Scholars have examined victim participation and reparations at the ICC. Nevertheless, no academic study focuses on victim participants and victims as parties (reparations claimants) in ICC appeals under international human rights law (IHRL) standards. This article seeks to: determine how victims’ roles as victim participants and parties (reparations claimants) take place in ICC appeals; and evaluate ICC’s law/practice on victims’ procedural roles/rights in appeals under IHRL. Victims at the ICC exercise procedural rights to: voice their views and concerns in appeals against final and interlocutory decisions (victim participants); and appeal reparations orders (parties). ICC’s law/practice o…
Victims at the Central African Republic's Special Criminal Court
2021
The Central African Republic's Special Criminal Court (SCC), the latest hybrid criminal tribunal, may be considered an important legal development concerning victims of mass atrocities in international criminal justice mechanisms due to certain characteristics. Yet there is no academic commentary on victims at the SCC; this piece seeks to fill the gap. First it considers restorative justice as a general framework for victims’ roles and rights in criminal justice in contexts of mass atrocities. Second, victim matters at the SCC are examined: victim protection, victims as civil parties, and reparations. Overall, this paper argues that provisions on victims’ roles and rights contained in SCC i…
The Indeterminacy of Precedent : Negotiating the Admissibility of Victim Participant Testimony before the International Criminal Court
2021
Abstract The icc represents a legal laboratory that is still consolidating itself, with multiple unclarities in evidence and procedural law requiring resolution through jurisprudence. Our paper draws on interaction analysis to unpack this process, focusing on the jurisprudential construction of ‘dual status’ victim participant testimony. To elucidate how this evidentiary/procedural element is locally negotiated, we examine an excerpt from the Ongwen hearing transcripts, in which the defense objects against the testimony by a dual status witness called by the victim participants’ legal representative. The analysis traces how the defense counsel’s objection is anchored in a trajectory of prio…
One confession, multiple chronotopes : The interdiscursive authentication of an apology in an international criminal trial
2021
This paper presents an interdiscursive analysis of a public apology made before the International Criminal Court (ICC) by a Malian Islamist accused of the destruction of cultural heritage in Timbuktu. It analyzes (a) how the defendant's apology metapragmatically inserts itself into a multiplicity of chronotopes and (b) how the two defense counsels subsequently reformulate that apology as part of a ‘confessional chronotope’, thereby decoupling it from its immediate trial surroundings. The entextualization of this confessional chronotope, and the modifications of the trial's participation framework it proposes, reveal how ICC trial actors navigate the multiple tensions facing this emergent fo…
Evidence About Harm: Dual Status Victim Participant Testimony at the International Criminal Court and the Straitjacketing of Narratives About Sufferi…
2022
AbstractAlthough victims at the International Criminal Court (ICC) are not parties, they can apply to become “victim participants” and may be authorized by an ICC Chamber to directly and orally express their views and concerns in court. Most ICC Trial Chambers, however, have preferred allowing legal representatives of these victim participants to call victims as witnesses to give testimonial evidence about the harm they suffered. Our article focuses on the practical-epistemological challenges that come with forcing accounts of harm into this testimony-format. We draw upon ethnomethodology and conversation analysis to elucidate the discursive techniques by which legal actors in the Ongwen tr…
Humanity and Its Beneficiaries : Footing and Stance-Taking in an International Criminal Trial
2019
This article elucidates the role of metapragmatic devices like footing and stance-taking in trial hearings before the International Criminal Court (ICC) in The Hague. It focuses on the case of Ahmad al Faqi al Mahdi, a Malian Islamist found guilty of the 2012 destruction of cultural heritage in Timbuktu. We examine how the prosecution and defense reflexively formulate the hearing as part of a wider text trajectory and how they align personae across participation frameworks by locating the current courtroom event into a wider dialogical field. A careful inspection of these metapragmatic devices reveals how trial participants navigate the multiple tensions facing this emergent, amalgamated fo…
Disentangling Law and Religion in the Rohingya Case at the International Criminal Court
2021
The Rohingya are one of the most persecuted minorities in the world. Military campaigns conducted by Myanmar against the Rohingya have led to numerous deaths, widespread cases of sexual violence, the destruction of hundreds of villages, and the deportation of more than 700,000 people to Bangladesh. These events have triggered proceedings at the International Criminal Court (ICC). The ICC has arguably failed to address the religious dimensions of crimes and facts in some of its previous jurisprudence appropriately. The entanglement of law and religion at the ICC may lead to an impoverished ratio decidendi and disregard for the victims’ claims. We hence argue that, by disentangling law and re…
Fragmentation in International Law and Global Governance : A Conceptual Inquiry
2017
This article examines the concept and metaphor of fragmentation and its underlying assumptions in international law and global governance. After engaging with fragmentation historically, we analyze current debates through five conceptual perspectives. Fragmentation is often perceived as a process, a gradation, a process with a single direction, a prognosis, and normatively as either loss or liberation. These interlinked tendencies carry conceptual implications, such as making fragmentation apparently inevitable or provoking positive revaluations of fragmentation in terms of differentiation. Furthermore, the conceptual coupling of fragmentation with modernity enhances these effects with an h…