{"title":"检察官诉多米尼克·翁文:审查传统司法机制在国际刑事司法中的作用","authors":"Linda Mushoriwa","doi":"10.1163/15718123-bja10163","DOIUrl":null,"url":null,"abstract":"Abstract This paper examines whether traditional justice mechanisms have a place in international trials where the accused has committed core international crimes; through the lens of The International Criminal Court’s approach in the Ongwen case. Trial Chamber ix declined to incorporate the mato oput traditional justice mechanism of the Acholi people of Northern Uganda. The paper argues that although concerns have been raised regarding the application of traditional justice mechanisms in the aftermath of mass atrocities, they can still play a significant role alongside prosecutions for international crimes before international criminal tribunals and the International Criminal Court. It recommends ways in which traditional justice mechanisms can be incorporated into proceedings before the icc and concludes that if the Court is to be a truly universal Court as was envisaged at its inception it ought to holistically consider the issues brought before it, particularly from the Global South.","PeriodicalId":55966,"journal":{"name":"International Criminal Law Review","volume":"6 1","pages":"0"},"PeriodicalIF":0.8000,"publicationDate":"2023-10-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":"{\"title\":\"The Prosecutor v Dominic Ongwen: An Examination of the Role of Traditional Justice Mechanisms in International Criminal Justice\",\"authors\":\"Linda Mushoriwa\",\"doi\":\"10.1163/15718123-bja10163\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"Abstract This paper examines whether traditional justice mechanisms have a place in international trials where the accused has committed core international crimes; through the lens of The International Criminal Court’s approach in the Ongwen case. Trial Chamber ix declined to incorporate the mato oput traditional justice mechanism of the Acholi people of Northern Uganda. The paper argues that although concerns have been raised regarding the application of traditional justice mechanisms in the aftermath of mass atrocities, they can still play a significant role alongside prosecutions for international crimes before international criminal tribunals and the International Criminal Court. It recommends ways in which traditional justice mechanisms can be incorporated into proceedings before the icc and concludes that if the Court is to be a truly universal Court as was envisaged at its inception it ought to holistically consider the issues brought before it, particularly from the Global South.\",\"PeriodicalId\":55966,\"journal\":{\"name\":\"International Criminal Law Review\",\"volume\":\"6 1\",\"pages\":\"0\"},\"PeriodicalIF\":0.8000,\"publicationDate\":\"2023-10-06\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"\",\"citationCount\":\"0\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"International Criminal Law Review\",\"FirstCategoryId\":\"1085\",\"ListUrlMain\":\"https://doi.org/10.1163/15718123-bja10163\",\"RegionNum\":0,\"RegionCategory\":null,\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"Q2\",\"JCRName\":\"LAW\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"International Criminal Law Review","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.1163/15718123-bja10163","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q2","JCRName":"LAW","Score":null,"Total":0}
The Prosecutor v Dominic Ongwen: An Examination of the Role of Traditional Justice Mechanisms in International Criminal Justice
Abstract This paper examines whether traditional justice mechanisms have a place in international trials where the accused has committed core international crimes; through the lens of The International Criminal Court’s approach in the Ongwen case. Trial Chamber ix declined to incorporate the mato oput traditional justice mechanism of the Acholi people of Northern Uganda. The paper argues that although concerns have been raised regarding the application of traditional justice mechanisms in the aftermath of mass atrocities, they can still play a significant role alongside prosecutions for international crimes before international criminal tribunals and the International Criminal Court. It recommends ways in which traditional justice mechanisms can be incorporated into proceedings before the icc and concludes that if the Court is to be a truly universal Court as was envisaged at its inception it ought to holistically consider the issues brought before it, particularly from the Global South.
期刊介绍:
Thus there is also a need for criminological, sociological and historical research on the issues of ICL. The Review publishes in-depth analytical research that deals with these issues. The analysis may cover: • the substantive and procedural law on the international level; • important cases from national jurisdictions which have a bearing on general issues; • criminological and sociological; and, • historical research.