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Do International Criminal Tribunals trigger social change, provide
reconciliation, stabilize fragile post-conflict societies? Many
authors claim they do, but they base their assumptions mainly on
theoretical considerations and opinion polls. The editors and
authors of this book take a different position: based on extensive
field research in nine European and African countries, they examine
whether tribunal decisions resulted in changes in media frames
about the conflicts which gave rise to the creation of these
tribunals. International Tribunals hardly ever shape or change the
grand narratives about wars and other conflicts, but they often
manage to trigger small changes in media frames which, in some
cases, even lead to public reflexion about guilt and responsibility
and more awareness for (the respective enemy's) victims. On an
empirical basis, this book shows the potential of International
Criminal Justice, the possibilities, but also the limits of
International Criminal Tribunals. Volume 2 presents the evidence
from Kenya, Rwanda, Sudan and South Sudan.
The chequered history of the criminalisation of aggression as a
crime under international law has reached an important milestone
with the adoption of the Kampala Resolution on the Crime of
Aggression (2010). This resolution provides for the definition of
the crime of aggression to be included in the Rome Statute of the
International Criminal Court, as well as for conditions for the
exercise of ICC jurisdiction over the crime. The second edition of
this volume contains an overview and discussion of the historical
and normative processes (legal and political) that culminated in
the adoption of the Kampala Resolution. The different components of
the resolution are critically assessed against the background of
the various political and legal responses to aggression, while
taking into account contemporary developments in the field of
international criminal law. The volume is primarily but not
exclusively concerned with the crime of aggression under the Rome
Statute. It also includes a chapter on national and regional
criminal justice responses to aggression, notably developments
concerning the amendments to the Protocol on the Statute of the
African Court of Justice and Human Rights, which also provides for
the criminalisation of aggression.
This book addresses potential avenues of criminal liability for
public health crisis management in the context of the COVID-19
pandemic, under national and international criminal law, especially
for causing death and bodily harm. The national case studies are
geographically representative and follow a common research grid.
Each national case study is prefaced by an overview of the
detection and subsequent spread of the pandemic in the country
concerned. The relevant legal and constitutional frameworks that
governed the government and corporate conduct in the face of the
pandemic are also discussed, followed by the consideration of forms
of criminal liability. Government responses to the COVID-19
pandemic differed vastly in terms of both the choice of strategies
adopted (herd immunity, test-and-trace, lockdown, etc) and the
quality and speed of government implementation of those strategies
and associated interventions. Both factors impacted the number of
infections and casualties. It is therefore appropriate to consider
forms of criminal liability for failure of individual members of
government, including specific public authorities, to act to the
best of their abilities, as timely as possible, and in accordance
with expert advice.
Do International Criminal Tribunals trigger social change, provide
reconciliation, stabilize fragile post-conflict societies? Many
authors claim they do, but they base their assumptions mainly on
theoretical considerations and opinion polls. The editors and
authors of this book take a different position: based on extensive
field research in nine European and African countries, they examine
whether tribunal decisions resulted in changes in media frames
about the conflicts which gave rise to the creation of these
tribunals. International Tribunals hardly ever shape or change the
grand narratives about wars and other conflicts, but they often
manage to trigger small changes in media frames which, in some
cases, even lead to public reflexion about guilt and responsibility
and more awareness for (the respective enemy's) victims. On an
empirical basis, this book shows the potential of International
Criminal Justice, the possibilities, but also the limits of
International Criminal Tribunals. Volume 1 presents the evidence
from Bosnia-Herzegovina, Montenegro, Kosovo, Serbia and Croatia.
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