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Article

Robert Huseby

Sufficientarianism is a principle of distributive justice according to which it is important that everyone has enough of some relevant form of advantage. Many, but not all, sufficientarian theories accept both the positive thesis, which holds that there is a level of advantage such that it is especially important that people reach it, and the negative thesis, which holds that there is a level of advantage such that above it, distributive justice concerns do not arise. Sufficientarians disagree on a number of questions: whether it is welfare, resources, or capabilities (or something else) that constitutes the relevant form of advantage; whether the incidence of sufficiency should be maximized or the extent of insufficiency should be minimized; whether the threshold should be high or low; whether there should be more than one threshold; and whether sufficiency should have a wide scope, temporally and spatially. Most sufficientarians agree, however, that absolute levels of advantage are morally important, that equality is not intrinsically valuable, and that advantage need not be maximized.

Article

The International Criminal Court (ICC) has generated considerable controversy since it came into force in 2002, principally because of its overriding focus on African conflict situations and suspects. This has led to accusations that the ICC is a neocolonial meddler in African affairs, wielding undue and unaccountable influence over the domestic political arena. Drawing on the author’s field research in Uganda and the Democratic Republic of Congo since 2006 this article contends that the neocolonialism critique of the ICC exaggerates the power of the Court while underestimating the capacity of African states to use the ICC to their own ends. Delivering distanced justice from The Hague with limited expertise on African societies and spending scant time in the field, the ICC has failed to grapple sufficiently with complex political dynamics “on the ground.” Combined with the Court’s heavy reliance on state cooperation, these factors have enabled African governments to use the ICC to target their political and military enemies while protecting themselves from prosecution. This has also emboldened African states in continuing to commit atrocity crimes against civilians, especially during periods of mass conflict and fraught national elections. While claiming to hover above the political fray, the ICC has become heavily politicized and instrumentalized by African states, with lasting and damaging consequences for the practice of national politics across Africa. To avoid being willfully used by African governments, the ICC must bolster its political expertise and become politically savvier. Rather than claiming to be neutral while hovering above the domestic terrain, the ICC must embrace its inherently political nature and deliver justice in a way that improves rather than undermines the practice of national and community-level politics across Africa.

Article

Jeffrey Haynes

Most states’ foreign policies are secular in orientation and focus. A few make religion a prominent component of their ideological approach to foreign policy. States whose foreign policies are consistently or irregularly informed by religion include Egypt, Iran, India, Israel, Saudi Arabia, and the United States. In each case, these states’ foreign policies feature domestic religious actors seeking to have regular or intermittent involvement in foreign policymaking. The impact and capacity of such religious actors is linked to the ideological and/or national interest priorities of incumbent governments. That is, religious actors may have an input into foreign policymaking, which reflects a concern more generally with the association between material concerns—including national security issues—and religious and ethical ideas, norms, and values. In addition to states with input from religious actors in foreign policymaking, there are several important nonstate actors whose religious beliefs centrally inform their foreign policies, which often focus on activities in the United Nations, the world’s largest and most comprehensive organization with near-universal state membership. The United Nations is a key focal point to pursue such policies, and three such actors are discussed: the Holy See/Vatican (and, more generally, the Roman Catholic Church), the Organisation of Islamic Cooperation (OIC), and the World Council of Churches (WCC), whose religious orientations are, respectively, Roman Catholicism, Islam, and non-Catholic Christianity. The importance of religious actors in foreign policy, in relation to both selected states and nonstate actors, is explored.

Article

Sabine Saurugger and Fabien Terpan

Considered an unusually powerful actor that has furthered European integration, the Court of Justice of the European Union (CJEU) has attracted considerable interest from both scholars and the public. Legal scholars and political scientists, as well as historians, have studied the Court in the context of it being one of the main actors in the integration process. Those that saw European integration as “integration through law” originally considered the Court to be the core element driving this process. The Court’s case law has influenced market integration, the balance of power among the EU’s institutions, and the “constitutional” boundaries between supranational and national competences. The pathbreaking rulings Costa vs. Enel and van Gend en Loos introduced new legal principles of direct effect and primacy in the 1960s; the 2007 Laval and Viking rulings triggered criticism of the Court’s decision, which was said to put the rights of companies above those of workers; whereas the Mangold ruling in 2005 on age discrimination was widely welcomed in spite of some negative reactions in Germany. Hence, while “integration through law” remains a powerful narrative in the academic field of European studies, the Court’s decisions and its role in the EU system have not remained unchallenged. This view of the Court as being less central to European integration is based on two developments in this field of study. On the one hand, research findings based on various analytical approaches—from rational choice to post-positivist—suggest that “integration through law” since the beginning of European integration has been a far less straightforward process than we have otherwise been led to believe. Scholars assert that the Court has been constrained by political, administrative, and constitutional counteractions since its establishment in 1952. On the other hand, scholars have identified a number of developments in the integration process from the early 1990s and the Maastricht Treaty, such as the increase in new modes of governance and intergovernmental decision-making, that explain why the Court’s role has come into question. Understanding these debates is crucial to grasping the broader institutional as well as political and legal developments of European integration.

Article

The civil war was a turning point in the life of the faith community in Sierra Leone, which previously had been politically complacent. With the establishment of the Inter-Religious Council (IRC), Christian and Muslim religious leaders joined together with a unified voice based on shared values to first, mediate the conflict and second, promote reconciliation through the establishment of the Truth and Reconciliation Commission (TRC). The efficacy of faith-based initiatives is attributed to many factors: the vast numbers of religious adherents, a far-reaching infrastructure of churches and mosques, close partnerships with international organizations, untainted reputation of clerics, and sacred texts that promote peace. Reconciliation is a dominant theme in both Christianity and Islam, giving religious leaders a powerful tool in bringing warring sides who share these faith commitments to the peace table, and, also, postconflict in encouraging restorative mechanisms, such as truth commissions that aim at reconciliation among enemies, over more retributive ones, such as courts. Like the earlier South African Truth and Reconciliation Commission (SATRC), which was headed by Archbishop Desmond Tutu, the Sierra Leone TRC was headed by a religious leader, Bishop Joseph Humper, then president of the Inter-Religious Council. Like the SATRC, it turned to religious notions of confession and redemption that resonated in a very religious society, where 60% of the population are Muslims and 30% are Christians. It was only partially successful, however, because of the existence of the Special Court for Sierra Leone operating contemporaneously, which was based on a punitive model of justice. Because of confusion about the two institutions’ different mandates, and fear of being prosecuted by the Court, even low-level perpetrators hesitated to testify at the TRC, limiting its ability to reconcile enemies. Unfortunately, the international community prioritizes justice over reconciliation, and is less supportive of restorative approaches that may resonate more deeply with religious people in postconflict societies.