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Article

International Criminal Justice is a controversial concept, and there is a burgeoning body of literature on its exact contours. Understood broadly, the term “international criminal justice” covers a broad category, integrating international criminal law (ICL) within an overarching interdisciplinary enterprise also “incorporating philosophical, historical, political and international relations, sociological, anthropological and criminological perspectives” (Roberts, 2007). International criminal law consists, at its core, of a combination of criminal law and public international law principles. The idea of individual criminal responsibility and the concept of prosecuting an individual for a specific (macrocriminal) act are derived from criminal law, while the classical (Nuremberg) offenses form part of (public) international law and thus the respective conduct is directly punishable under ICL (principle of direct individual criminal responsibility in public international law). The dualistic base of international criminal law is also reflected in the reading of the mandates of the international criminal tribunals; one can either take a “security, peace, and human rights”–oriented approach or a “criminal justice”–oriented approach, either of which may entail a paradoxical goal or purpose ambiguity of international criminal law. In any case, the strong grounding in criminal law, together with the actual enforcement of international criminal law by way of international criminal proceedings and trials, converts international criminal law into criminal law on a supranational level and thus entails the full application of the well-known principles of liberal, post-enlightenment criminal law, in particular the principles of legality, culpability, and fairness. These principles constitute the minimum standard of any criminal justice system based on the rule of law and thus must also apply in an international criminal justice system. The adoption of the Rome Statute of the International Criminal Court (ICC) in 1998 and the effective establishment of the Court in 2002 have led to an institutionalization of international criminal law, turning the page on ad hoc imposition in favor of a treaty-based universal system. In addition, the Rome Statute provides for the first codification of international criminal law, with a potentially universal reach. Therewith, international criminal law was not only united into a single penal system of the international community, but it was also extended beyond its fundamental core areas of substantive and procedural law into other branches of criminal law (law of sanctions, enforcement of sentences, and judicial assistance).

Article

Despite political interference and jurisdictional partiality, the formal institutions of international criminal justice are positive development for global governance in their existence alone. The unique aims for global justice enunciated in the Preamble to the Rome Statute are a manifesto for how humanity expects to be protected from atrocity, and where responsibility should lie. As the example of rape in war demonstrates, translating these noble aspirations into trial practice and justice outcomes is often sullied by discriminatory externalities common in domestic criminal justice and exacerbated as the degree of victimization escalates. The lasting measure of the courts and tribunals is not successful prosecutions but rather the satisfaction of legitimate victim interests.

Article

Elise Sargeant, Julie Barkworth, and Natasha S. Madon

Fairness and equity are key concerns in modern liberal democracies. In step with this general trend, academics and practitioners have long been concerned with the fairness of procedures utilized by the criminal justice system. Definitions vary, but procedural justice is loosely defined as fair treatment and fair decision-making by authorities. In the criminal justice system, the procedural justice of authorities such as police officers, judicial officers, and correctional officers is evaluated by members of the public. Procedural justice in the criminal justice system is viewed as an end in and of itself, but it is also an opportunity to yield various outcomes including legitimacy, public compliance with the law, cooperation with criminal justice officials, and satisfaction with criminal justice proceedings and outcomes.

Article

Joachim J. Savelsberg and Wahutu Siguru

Today, genocides and other episodes of mass violence are, under specific circumstances, subject to extensive media reporting. A case in point is the mass violence in Darfur, unfolding during the first decades of the 21st century and categorized as genocide by many, including the International Criminal Court. Media reporting about Darfur shows noteworthy patterns. They are revealed by a study supported by the National Science Foundation, involving content analysis of 3,387 reports and opinion pieces published in prominent newspapers of eight countries in the Global North, accompanied by expert interviews, and a doctoral dissertation on the journalistic field in Africa and its reporting on Darfur. First, today’s media reporting replaces denial with acknowledgment. Second, it frames the violence most often as criminal, and frequently as genocidal, even though humanitarian emergency and armed conflict frames also fare prominently. Third, throughout the history of reporting, Africa correspondents, central actors in the journalistic field, adapt to opportunities and external pressures from surrounding social fields. Economic forces (media markets) and politics affect the frequency of reporting. The criminal justice-oriented human rights field, the humanitarian field, and the diplomatic field influence the frames through which the violence is interpreted. Fourth, the criminal justice-oriented human rights field is especially effective in coloring reports, despite substantial barriers between criminal courts and the journalistic field. Fifth, reporting in all countries is affected by interventions by international institutions, including the UN Security Council, the International Commission of Inquiry on Darfur, and the International Criminal Court (ICC). The ICC’s decision to charge Sudan’s President Omar al-Bashir with war crimes, crimes against humanity, and genocide, for example, intensified reporting in all countries. Sixth, the receptivity to the criminal justice frame varies by country. Seventh, in addition to cross-country similarities and differences within the Global North, a comparison of journalistic fields in the Global North with those in Africa shows distinct patterns, but also astonishing similarities between Global North and African reporting on Darfur.

Article

Joachim J. Savelsberg and Suzy McElrath

Structural and cultural changes in the modernization process, combined with contingent historical events, gave rise to a human rights regime. It is codified in the Universal Declaration of Human Rights, promulgated after World War II and the Holocaust. Yet, only the gravest of human rights violations have been criminalized. First steps were taken beginning in the 19th century with The Hague and Geneva Conventions, constituting the Laws of Armed Conflict. They were followed by the Convention for the Prevention and Punishment of the Crime of Genocide (1948), the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (1984), and eventually the Rome Statute (1998) on which the first permanent International Criminal Court is based. Some scholars even observe a justice cascade. Enforcement of the norms entailed in the above legal documents benefits from opportunities such as increases in international interdependencies, the buildup of international organizations, and the proliferation of nongovernmental organizations in the human rights realm. Challenges arise from partially competing principles such as conflict settlement and survival of suffering populations as cultivated by social fields such as humanitarianism and diplomacy and from a lack of law enforcement. While international institutions play a crucial role, much international law is implemented through domestic courts. International penal law pertaining to human rights has affected domestic policymaking in the human rights realm but also nation-level policies pertaining to the punishment of common crimes. Finally, debates continue to rage regarding the effects of the criminalization of grave human rights violations. Proponents have thus far focused on potential deterrent effects, but a new line of thought has begun to take cultural effects seriously. Its representatives identify a redefinition of those responsible for mass violence as criminal perpetrators and substantial representational power of international criminal law against those who bear responsibility for the gravest of human rights violations.