Journal of International Criminal Justice最新文献

The Biological Weapons Amendment to the ICC Statute and National Provisions 国际刑事法院规约》的生物武器修正案和国家条款

IF 0.9 3区社会学

Journal of International Criminal Justice Pub Date : 2024-09-19 DOI: 10.1093/jicj/mqae033

Barry de Vries

引用次数: 0

Victims’ Perspectives on Participation in the Ongwen Case 受害者对参与翁古文案的看法

IF 0.9 3区社会学

Journal of International Criminal Justice Pub Date : 2024-09-07 DOI: 10.1093/jicj/mqae035

Paolina Massidda, Joseph Akwenyu, Luke Moffett

引用次数: 0

Witnessing Ongwen 见证翁古文

IF 0.9 3区社会学

Journal of International Criminal Justice Pub Date : 2024-09-05 DOI: 10.1093/jicj/mqae029

Jackline Atingo, Tim Allen, Anna Macdonald

{"title":"Witnessing Ongwen","authors":"Jackline Atingo, Tim Allen, Anna Macdonald","doi":"10.1093/jicj/mqae029","DOIUrl":"https://doi.org/10.1093/jicj/mqae029","url":null,"abstract":"The trial of Dominic Ongwen before the International Criminal Court (ICC) has been hailed as a milestone, especially because of his conviction for gender-based crimes, including forced marriage and forced pregnancy. Ongwen’s conviction for those crimes was linked to harrowing testimonies of a group of women who were given to him as so-called ‘wives’ during his time as a commander in the Lord’s Resistance Army rebel group. After a successful Article 56 application by the Office of the Prosecutor (OTP), special arrangements were made for these women to act as witnesses in advance of the trial in the Hague, and various assurances were provided to them. Based on ethnographic engagement and in-depth interviews with these witnesses, this article contributes to the literature on witnesses in international criminal trials, and the complexities of victimhood, describing their experiences of testifying, their views about justice, and their current lives. It notes the lack of adequate protection and benefits that have accrued to them. Interviews also occurred with ‘wives’ who testified for the Defence, whose accounts of their experiences are relatively more positive. Concerns are raised about the ICC’s capacity to fulfil basic expectations of victims of the sexual crimes it successfully prosecutes.","PeriodicalId":46732,"journal":{"name":"Journal of International Criminal Justice","volume":null,"pages":null},"PeriodicalIF":0.9,"publicationDate":"2024-09-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"142197573","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

The Ongwen Case at the International Criminal Court as a Test of the Court’s Outreach Programming in Northern Uganda 国际刑事法院审理的翁古文案是对法院在乌干达北部开展外联活动的检验

IF 0.9 3区社会学

Journal of International Criminal Justice Pub Date : 2024-08-26 DOI: 10.1093/jicj/mqae031

Dennis Jjuuko, Francis Opio

引用次数: 0

Targeted Sanctions as a Pathway to Accountability 将定向制裁作为问责途径

IF 0.9 3区社会学

Journal of International Criminal Justice Pub Date : 2024-08-05 DOI: 10.1093/jicj/mqae027

Tomas Hamilton, Natalie Lucas, Alex Prezanti, Megan Smith, Amanda Strayer

{"title":"Targeted Sanctions as a Pathway to Accountability","authors":"Tomas Hamilton, Natalie Lucas, Alex Prezanti, Megan Smith, Amanda Strayer","doi":"10.1093/jicj/mqae027","DOIUrl":"https://doi.org/10.1093/jicj/mqae027","url":null,"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 draws on the experience and observations of, and interviews with, sanctions practitioners who have witnessed the increasing role that civil society is taking in Magnitsky-style sanctions. The article begins by asking why civil society engages with targeted sanctions, before examining the legal and policy frameworks through which civil society actors engage with governments. It looks at five jurisdictions where civil society is taking an active role, the USA, UK, European Union, Canada, and Australia. The article describes the emergence of ‘sanctions clearing houses’ — organizations that act as intermediaries between global civil society and the governments with which they are trying to engage. The article considers present civil society perspectives on current barriers to engagement with sanctions regimes and concludes by emphasizing the importance of civil society engagement in this area, providing recommendations to foster this engagement.","PeriodicalId":46732,"journal":{"name":"Journal of International Criminal Justice","volume":null,"pages":null},"PeriodicalIF":0.9,"publicationDate":"2024-08-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141933516","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Editors’ Introduction 编辑导言

IF 0.9 3区社会学

Journal of International Criminal Justice Pub Date : 2024-08-01 DOI: 10.1093/jicj/mqae024

Sareta Ashraph, Danya Chaikel, Daniela Gavshon, Kirsty Sutherland

引用次数: 0

Randle DeFalco, Invisible Atrocities: The Aesthetic Biases of International Criminal Justice 兰德尔-德法尔科，《看不见的暴行》：国际刑事司法的审美偏见

IF 1.5 3区社会学

Journal of International Criminal Justice Pub Date : 2024-07-19 DOI: 10.1093/jicj/mqae016

Rachel Killean

引用次数: 0

Merging Responsibilities 合并职责

IF 0.9 3区社会学

Journal of International Criminal Justice Pub Date : 2024-07-12 DOI: 10.1093/jicj/mqae021

Alexa Koenig, Anthony Ghaly, Simone Lieban Levine

{"title":"Merging Responsibilities","authors":"Alexa Koenig, Anthony Ghaly, Simone Lieban Levine","doi":"10.1093/jicj/mqae021","DOIUrl":"https://doi.org/10.1093/jicj/mqae021","url":null,"abstract":"In emergent fields of practice, there is often an ‘ethics lag’ — a period of significant innovation during which the focus is on what can be accomplished more than on the safeguards that should be put in place to protect the public from the unanticipated consequences of that innovation. This is true of the emergent field of digital open-source investigations conducted for international criminal justice purposes, in which researchers and analysts comb the Internet for information relevant to their research. One sub-field where the ethics lag is particularly of concern is digital investigations of conflict-related sexual and gender-based violence (CRSV), especially with regards to whether and when investigators need consent from social media posters, survivors, bystanders and others to use information discovered in online spaces. This article explores options for centring and promoting victim safety and dignity by clarifying ethical issues that investigators should consider before using open-source information to support international investigations and prosecutions of CRSV. After identifying where the relevant law leaves gaps in guidance, the authors discuss a series of considerations that may help investigators ethically handle such sensitive data. Ultimately, the authors underscore the importance of securing consent from survivors when engaging in digital open-source investigations into sexual violence. What arguably varies is who should seek that consent, when, and how.","PeriodicalId":46732,"journal":{"name":"Journal of International Criminal Justice","volume":null,"pages":null},"PeriodicalIF":0.9,"publicationDate":"2024-07-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141609393","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

In Search of the Prototype of Forced Marriage 寻找强迫婚姻的原型

IF 0.9 3区社会学

Journal of International Criminal Justice Pub Date : 2024-07-12 DOI: 10.1093/jicj/mqae023

Ligeia Quackelbeen

{"title":"In Search of the Prototype of Forced Marriage","authors":"Ligeia Quackelbeen","doi":"10.1093/jicj/mqae023","DOIUrl":"https://doi.org/10.1093/jicj/mqae023","url":null,"abstract":"This article discusses the categorization of the phenomenon of bush wives as forced marriage under the residual category of other inhumane acts in the Ongwen case. It reveals how judges at the International Criminal Court have used an Aristotelian Approach to characterization which entailed them to examine, on the basis of a jurisprudentially established checklist, whether the bush wives phenomenon shares the properties of the crime category of other inhumane acts. By discussing the forced marriage practices through an ‘other inhumane acts’ categorization, this article reveals the limits and pitfalls of the Aristotelian Approach. The main problem is that the Aristotelian Approach fails to grasp that categorization does not merely work on the basis of a checklist logic but also is a culturally determined process in which cultural prototypes need to be examined. This article’s main proposition is to consider an alternative way of categorization drawing from the philosophy of language and social sciences and suggests judges adopt a Prototype Approach. This approach enables judges to move away from a generic way of labelling different fact patterns through a checklist of properties and take on a more tailor-made and culturally sensitive approach that involves categorization through the discussion of the similarity and distinctiveness of a certain fact pattern to a prototype. In this way, judges can diversify interpretation of the other inhumane acts category in light of local practices as it requires a fresh decision of the facts by engaging with cultural practices in a more sensitive way and examining whether this phenomenon entails prototypical marriage practices. In this way, prototype theory opens new pathways in terms of how we label cultural practices and how we use the residual category of other inhumane acts.","PeriodicalId":46732,"journal":{"name":"Journal of International Criminal Justice","volume":null,"pages":null},"PeriodicalIF":0.9,"publicationDate":"2024-07-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141609392","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Withdrawal from the Rome Statute 退出《罗马规约

IF 0.9 3区社会学

Journal of International Criminal Justice Pub Date : 2024-07-12 DOI: 10.1093/jicj/mqae022

Yudan Tan

引用次数: 0