Journal of International Criminal Justice
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The Journal of International Criminal Justice aims to promote a profound collective reflection on the new problems facing international law.
Journal of International Criminal Justice
1M ago
Abstract
Coloniality and Eurocentrism are entrenched in the field of international justice, reproducing a harmful dominant culture within international justice non-governmental organizations (‘IJ NGOs’) that influences how practitioners behave, interact with each other, and respond to violence and harm. The article argues that this dominant culture prioritizes punitive approaches to violence over more life-affirming forms of justice and accountability that centre healing and community. Drawing on experiences and conceptual frameworks illustrating dominant oppressive global systems and correspo ..read more
Journal of International Criminal Justice
1M ago
This is a correction to: Sareta Ashraph, Danya Chaikel, Daniela Gavshon, Kirsty Sutherland, Editors’ Introduction: An Overview of the Role of Civil Society in International Justice, Journal of International Criminal Justice, 2024, mqae024, https://doi.org/10.1093/jicj/mqae024 ..read more
Journal of International Criminal Justice
1M ago
Abstract
This article seeks to examine the contributions of civil society to modern peoples’ tribunals, the extent to which adherence to ‘legal’ processes serves the victims of serious human rights violations, and how these efforts have interacted with ‘formal’ legal spaces. While recognizing that every situation responds to and raises distinct and complex issues and needs, a look at the history, contexts, and development of civil society-led accountability efforts illuminates their contributions to stemming the impunity gulf of today’s ‘formal’ accountability architecture. The article specifi ..read more
Journal of International Criminal Justice
1M ago
Abstract
The law’s aspiration to impartiality, central to its legitimacy, is impaired by concerns that judicial systems treat similarly situated persons or factual situations differently for improper reasons. In few fields is this truer than the sphere of international criminal justice, where the political stakes are high and judicial institutions are relatively young. The conflicts in Ukraine and Israel/Palestine have fuelled claims on all sides that the search for accountability has been marred by double standards. How these are addressed — by courts, states, and civil society — matters for ..read more
Journal of International Criminal Justice
1M ago
Abstract
The growth of ‘Magnitsky-style’ targeted sanctions has ushered in a new chapter in the history of sanctions practice that places civil society actors in an increasingly empowered position. The development of new legal and policy frameworks in several jurisdictions, led by the USA, has formalized an active role for civil society in governments’ sanction designation processes. By creating a legal framework for civil society engagement, the US Magnitsky laws enshrined the importance of civil society as a source of evidence on human rights and corruption issues into law. This article draw ..read more
Journal of International Criminal Justice
1M ago
Abstract
Many non-governmental organizations (NGOs) document violations of human rights and international humanitarian law (IHL) for the purpose of contributing to criminal accountability processes. This requires NGOs to meet criminal procedural standards, often dedicating extensive resources to a form of accountability that is difficult to secure. Given these challenges, this article explores an alternative end-use for NGO documentation of violations: the security force vetting carried out by multilateral organizations and donor governments as part of an international exchange of resources or ..read more
Journal of International Criminal Justice
1M ago
Abstract
Civil society has long been a key actor in the pursuit of accountability. Moreover, civil society has often helped define what accountability is and how to achieve it. This symposium looks at various contributions made by civil society organizations to the international justice landscape. First, as pioneers in establishing international tribunals or justice mechanisms and intervening in cases before them, and secondly, through contributing to emerging alternative processes. These processes include vetting, sanctions, cases focused on civil liability of alleged perpetrators, and the es ..read more
Journal of International Criminal Justice
1M ago
Abstract
The role of Civil Society Organizations (CSOs) in pursuing accountability for atrocity crimes through international law is more diverse than ever before, and the breadth of CSO activities and the modalities of their engagement with international justice institutions has been overlooked in the scholarship to date. This article explores various CSO approaches to advancing accountability, including at the International Court of Justice (ICJ), International Criminal Court (ICC), investigative mechanisms (for Syria, Myanmar, and Iraq), and selected United Nations treaty bodies and regional ..read more
Journal of International Criminal Justice
1M ago
Abstract
The current dispute between South Africa and Israel before the International Court of Justice has many aspects of great legal interest. This article focuses on the identification and proof of the specific intent of a state in the crime of genocide. On this point, the arguments put forward by the two states in the preliminary phase of the proceedings are very different and raise several issues. The article addresses them especially in light of the International Court of Justice’s previous case law on genocide. The following questions are addressed: Is the genocidal intent of individual ..read more
Journal of International Criminal Justice
1M ago
Abstract
In Germany, the prosecution of female Islamic State (IS) returnees for property offences under international criminal law has become increasingly important in recent years. These prosecutions give reason for critical reflections on the basis and limits of protection of property in international criminal law in general and its application in practice, in particular under the German Code of Crimes Against International Law (Völkerstrafgesetzbuch). This article argues that despite a well-established normative basis for and legitimacy of protecting property in international criminal law ..read more