Description
Book SynopsisThere have been many political dilemmas that impose structural constraints on the effort to legalize, judicialize, and criminalize normatively deviant behavior in international politics. The annual costs of these tribunals has peaked at approximately $400 million, of which $140 million is allocated to the ICC, the latter now having spent $1 billion in its first decade of existence. What has been the track record of these international criminal courts with jurisdiction to try heads of states and leading official and military officers? Has the domestic political will of states increased to prosecute their own leaders, following the ICC's complimentary jurisdiction? How have powerful states supported these courts and how have they undermined them?In succeeding in punishing a number of high-profile cases, the tribunals arguably constitute what Habermas called communicative action that expresses the aspirations and nascent norms of international society. Beyond the confines of a specific of
Trade ReviewIn Trials and Tribulations, Carey and Mitchell have assembled a compelling array of essays by distinguished scholars. Their volume’s well-crafted chapters explore the various factors affecting the outcomes of international humanitarian and criminal law prosecutions. In so doing, the collected works advance the laudable trend in recent international criminal justice scholarship toward assessing international tribunals’ efficacy. The contributors offer an appropriately pragmatic perspective on the limitations encountered by the 'international criminal justice model,' highlighting the range of impediments to international courts' achievements of their respective mandates. This comprehensive and lucid volume makes a valuable contribution to an evolving, critically important literature. -- Robert J. Beck, University of Wisconsin-Milwaukee
Table of ContentsIntroduction Part I: Thematic Studies Chapter 1: Customary Law and the Ad Hoc International Criminal Courts James Larry Taulbee Chapter 2: The Joint Criminal Enterprise Debate and the Case of Charles Taylor: The Politics of International Criminal Tribunal Law Kelly-Kate Pease Chapter 3: Prosecuting Recruitment of Child Combatants by the Special Court for Sierra Leone: Precedents and Problems Kimberly Lanegran Chapter 4: Song as a Crime Against Humanity: The First International Prosecution of a Pop Star Susan Benesch Chapter 5: Seeking Justice and Accountability: The Dilemmas of Humanitarian Law and Human Rights NGOs Mahmood Monshipouri Chapter 6: Peace v. Justice: The Strategic use of International Criminal Tribunals Candace H. Blake-Amarante Chapter 7: Understanding the Alienated Constitutents of International Tribunals: Bridging the Gap Adam M. Smith Chapter 8: Justice, Peace, and Windmills: An Analysis of ‘Live Indictments’ by the International Criminal Court Peter Stoett Chapter 9: Should We Press the Victims? Uneven Support for International Criminal Tribunals Michael D. Thurston Chapter 10: The ICC and R2P: Problems of Individual Culpability and State Responsibility Benjamin N. Schiff Part II: Case Studies Chapter 11: The Tokyo War Crimes Trial Yuki Takatori Chapter 12: Arresting Charles Taylor Beth Dougherty Chapter 13: Hybrid Tribunals and the Rule of Law: War Crimes Chamber of the State Court of Bosnia and Herzegovina Olga Martin-Ortega Chapter 14: A Necessary Compromise or Compromised Justice? The Extraordinary Chambers in the Courts of Cambodia Johanna Herman Chapter 15: Special Tribunal for Lebanon Kathleen Barrett Chapter 16: Comparing Formal and Informal Mechanisms of Acknowledgement in Uganda Joanna Quinn Chapter 17: Restorative Justice, RPF Rule and the Success of Gacaca Stacey M. Mitchell Chapter 18: Gacaca and the Treatment of Sexual Offenses Prisca Uwigabye Chapter 19: Guilty as Charged: The Trial of Former President Alberto Fujimori for Human Rights Violations Jo-Marie Burt Chapter 20: Afterword Henry F. Carey
