International Criminal Court (ICC) Backslide: The Toll on Domestic Affairs in Cape Town
Advisor Information
Jonathan Benjamin-Alvarado
Location
Dr. C.C. and Mabel L. Criss Library
Presentation Type
Poster
Start Date
7-3-2014 1:00 PM
End Date
7-3-2014 4:00 PM
Abstract
In the past decade, we have witnessed a shift in the design, practice, and behavioral attitudes toward war crime tribunals. Challenged by human rights regimes, deference for national sovereignty is marginalized when confronted with reinstituting the rule of law after intra-state conflicts. Strategic interests of powerful states threaten the impartiality of an unbiased, internationally driven, permanent tribunal. Many obstacles permeate efforts to develop a legitimate war crimes tribunal. Hindrances’ include: domestic support and cooperation, disproportionate influence that are accompanied by geopolitical power imbalances, deficient procedural education, comprehensive domestic legislation emphasizing guidelines to support tribunal errands, financial burden, and the civic views of legitimacy. In 2002, the Rome Statute formalized the International Criminal Court (ICC), marking the first treaty-based permanent international criminal court. The ICC has jurisdiction to intervene in investigation and prosecution when states are incapable or unwilling to adjudicate claims of atrocity crimes. Currently, there is insufficient data outlining the domestic impact of the ICC. The perceived data deficiency comes from a lack of traceable measures, as well as the assumed lack of cooperation. Research collected for this project aims to interpret local perception of ICC programs in Cape Town (and neighboring regions). Specifically regarding legislation that educates localities on the role of the ICC and the judicial practices initiated since inception of the ICC.
International Criminal Court (ICC) Backslide: The Toll on Domestic Affairs in Cape Town
Dr. C.C. and Mabel L. Criss Library
In the past decade, we have witnessed a shift in the design, practice, and behavioral attitudes toward war crime tribunals. Challenged by human rights regimes, deference for national sovereignty is marginalized when confronted with reinstituting the rule of law after intra-state conflicts. Strategic interests of powerful states threaten the impartiality of an unbiased, internationally driven, permanent tribunal. Many obstacles permeate efforts to develop a legitimate war crimes tribunal. Hindrances’ include: domestic support and cooperation, disproportionate influence that are accompanied by geopolitical power imbalances, deficient procedural education, comprehensive domestic legislation emphasizing guidelines to support tribunal errands, financial burden, and the civic views of legitimacy. In 2002, the Rome Statute formalized the International Criminal Court (ICC), marking the first treaty-based permanent international criminal court. The ICC has jurisdiction to intervene in investigation and prosecution when states are incapable or unwilling to adjudicate claims of atrocity crimes. Currently, there is insufficient data outlining the domestic impact of the ICC. The perceived data deficiency comes from a lack of traceable measures, as well as the assumed lack of cooperation. Research collected for this project aims to interpret local perception of ICC programs in Cape Town (and neighboring regions). Specifically regarding legislation that educates localities on the role of the ICC and the judicial practices initiated since inception of the ICC.