Justice in Conflict
The Effects of the International Criminal Court's Interventions on Ending Wars and Building Peace
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Product details:
- Publisher OUP Oxford
- Date of Publication 16 June 2016
- ISBN 9780198777151
- Binding Paperback
- No. of pages272 pages
- Size 234x155x15 mm
- Weight 422 g
- Language English 0
Categories
Short description:
It has been said that we no longer consider whether to pursue justice, but how and when. Justice no longer follows in the wake of peace; it is pursued while violent political conflicts are on-going. This book explores the relationship between peace and justice through an analysis of the interventions of the ICC into on-going and active conflicts.
MoreLong description:
What happens when the international community simultaneously pursues peace and justice in response to ongoing conflicts? What are the effects of interventions by the International Criminal Court (ICC) on the wars in which the institution intervenes? Is holding perpetrators of mass atrocities accountable a help or hindrance to conflict resolution? This book offers an in-depth examination of the effects of interventions by the ICC on peace, justice and conflict processes. The 'peace versus justice' debate, wherein it is argued that the ICC has either positive or negative effects on 'peace', has spawned in response to the Court's propensity to intervene in conflicts as they still rage. This book is a response to, and a critical engagement with, this debate.
Building on theoretical and analytical insights from the fields of conflict and peace studies, conflict resolution, and negotiation theory, the book develops a novel analytical framework to study the Court's effects on peace, justice, and conflict processes. This framework is applied to two cases: Libya and northern Uganda. Drawing on extensive fieldwork, the core of the book examines the empirical effects of the ICC on each case. The book also examines why the ICC has the effects that it does, delineating the relationship between the interests of states that refer situations to the Court and the ICC's institutional interests, arguing that the negotiation of these interests determines which side of a conflict the ICC targets and thus its effects on peace, justice, and conflict processes.
While the effects of the ICC's interventions are ultimately and inevitably mixed, the book makes a unique contribution to the empirical record on ICC interventions and presents a novel and sophisticated means of studying, analyzing, and understanding the effects of the Court's interventions in Libya, northern Uganda - and beyond.
Kersten provides a compelling and perceptive examination of one of international criminal justices most difficult conundrums... It is remarkable, I think, that after having produced one of the most sophisticated recent studies on the debate, Kersten arrives at the following conclusion: there may never be a consensus regarding the effects of the ICC on peace, justice and conflict processes.
Table of Contents:
Justice in Conflict
Peace and / or / with / versus Justice
An Agenda for 'Peace' in the 'Peace versus Justice' Debate
The ICC and the Road to Juba
The ICC, Juba, and the Kwoyelo Trial
Peace, Justice and the ICC's Intervention in Libya
Justice after the Revolution: The ICC and Post-Gaddafi Libya
The ICC as an Actor – Negotiating Interests, Selecting Targets, and Affecting Peace
Conclusion
Personal Interviews
