Crime and Global Justice

Transcription

1 Crime and Global Justice #LSEJustice Professor Daniele Archibugi Research Director, Italian National Research Council. Alice Pease Freelance Researcher. Professor Christine Chinkin Emerita Professor of International Law and Director of the Centre for Women, Peace and Security. Professor Mary Kaldor Professor of Global Governance and Director of the Conflict and Civil Society Research Unit, LSE. Professor Richard Falk Professor Emeritus of International Law at Princeton University. Chair: Professor Gerry Simpson Professor and a Chair of Public International Law, LSE. Hosted by the Department of International Development

2 Christine Chinkin, Richard Falk, Mary Kaldor, Daniele Archibugi and Alice Pease Chair Gerry Simpson London School of Economics and Political Science, London, 28 Feb 2018

3 The Nuremberg Trial

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5 The new generation of international tribunals National tribunals after conflicts (Iraq, 2003) Domestic courts applying domestic jurisdiction (Spain, Belgium from 1994) Ad hoc international tribunals (Ex-Yugoslavia, Rwanda, from 1993) Hybrid tribunals (Cambodia, East Timor, Sierra Leone, since 1997) International Criminal Court (2002)

6 Determinants and outcome of judicial accountability Intergovernmental consensus Autonomous judicial action Social and political activism Judicial Accountability National Tribunals External (Universal jurisdiction) Hybrid Tribunals International Tribunals Opinion Tribunals OUT COME Global: standards of behaviour and diffusion of norms Local: pacification and reconciliation or renewed conflicts

7 Our approach: focus on trials rather than on procedures Tribunals can be empty shells (typical case, the Lebanon Tribunal) Major literature devoted to the judicial implications even when they were never applied Trials give a direct sense of the political impact of the procedure

8 Cases addressed in the book Augusto Pinochet ( ) Saddam Hussein ( ) Slobodan Milošević and Radovan Karadzić ( ) Omar Al-Bashir (2009-ongoing)

9 Some cases that should be addressed Charles Taylor (Sierra Leone) Hissène Habré (Senegal) Jean Kambanda (Rwanda) Kang Kek Iew (Cambodia)

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12 Cards distributed by the US Defence Intelligence Service to American troops during the invasion of Iraq of April 2003

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14 An assessment of the emerging global criminal justice system Winner s Justice? Selective? Efficient?

15 What can be done? Improve the judicial machinery Complement the criminal trials with truth and reconciliation commissions Activate opinion tribunals when the «official» system is one-sided

16 Improve the judicial machinery Assist the ICC Office of the Prosecutor with enquires and information Discuss the qualifications of the candidates to be elected as ICC judges Support universal jurisdiction of national courts, also making it more independent through an ICC review board

17 Gacaca Court, Rwanda

18 Desmond Tutu deliver to President Nelson Mandela the Report of the Commission on Truth and Reconciliation

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20 A Serbian supporter showing a t-shirt with Karadžić and Mladić

21 Relatives of the victims in Sarajevo following Karadžić trial

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23 A Poster of the Stop the Iraq War Coalition, 2006

24 Opinon Tribunal for War Crimes in Vietnam Jean-Paul Sartre, Lelio Basso e Danilo Dolci

25 The reading of the ruling of the Tribunal on Torture in Latin America. Teatro Argentina, Rome, 1976

26 Richard Falk opening speech a the World Tribunal on Iraq, 23 June 2005

27 Awareness about Crimes General Patton decision

28 Citizens from Weimer taken by the US troops to visit the Concentration Camp of Buchenwald, 18 April 1945

29 Crime and Global Justice #LSEJustice Professor Daniele Archibugi Research Director, Italian National Research Council. Alice Pease Freelance Researcher. Professor Christine Chinkin Emerita Professor of International Law and Director of the Centre for Women, Peace and Security. Professor Mary Kaldor Professor of Global Governance and Director of the Conflict and Civil Society Research Unit, LSE. Professor Richard Falk Professor Emeritus of International Law at Princeton University. Chair: Professor Gerry Simpson Professor and a Chair of Public International Law, LSE. Hosted by the Department of International Development