Skip to main content Accessibility help
×
Hostname: page-component-77c89778f8-n9wrp Total loading time: 0 Render date: 2024-07-16T22:55:35.619Z Has data issue: false hasContentIssue false

7 - The Victim Deserving of Global Justice: Power, Caution, and Recovering Individuals

Published online by Cambridge University Press:  25 January 2010

Kamari Maxine Clarke
Affiliation:
Yale University, Connecticut
Mark Goodale
Affiliation:
George Mason University, Virginia
Get access

Summary

INTRODUCTION

Since the late 1990s, victims of mass atrocity have been led to believe that they can expect to be included to a greater extent than previously in international criminal prosecutions of those accused of harming them through genocide, crimes against humanity, and war crimes. Most notably, the new International Criminal Court (ICC), established by the Rome Statute in 1998, is mandated to address victims' interests in ways that go beyond previous responses to the world's gravest crimes, such as those undertaken through the ad hoc tribunals after the conflicts in the former Yugoslavia (International Criminal Tribunal for the former Yugoslavia; ICTY) and Rwanda (International Criminal Tribunal for Rwanda; ICTR). The ICC's approach to victims has been labeled “innovative,” and a New York Times Magazine cover story touted Luis Moreno-Ocampo, the ICC's first Chief Prosecutor, as a beacon of hope for victims in the Darfur region of Sudan and of other conflicts involving mass violence. In public presentations, the ICC Chief Prosecutor routinely includes pictures of victims (e.g., a maimed child lying in a hospital bed in northern Uganda) to make the point that certain individuals deserve justice from the global community. By drawing on such images, he and other supporters of the ICC highlight the significance of his decision to bring what he refers to as “global justice” into this particular conflict and also the assumption that the ICC is obligated and committed to delivering justice to victims.

Type
Chapter
Information
Mirrors of Justice
Law and Power in the Post-Cold War Era
, pp. 149 - 170
Publisher: Cambridge University Press
Print publication year: 2009

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

References

Akhavan, Payam. 2003. The International Criminal Court in Context: Mediating the Global and Local in the Age of Accountability. Review essay. The American Journal of International Law 97, no. 3: 712–721.CrossRefGoogle Scholar
Allen, Tim. 2005. War and Justice in Northern Uganda: An Assessment of the International Criminal Court's Intervention. Crisis States Research Centre Development Studies Institute, London School of Economics.Google Scholar
Allen, Tim. 2006. Trial Justice: The International Criminal Court and the Lord's Resistance Army. London and New York: Zed Books.Google Scholar
Arsanjani, Mahnoush H., and Reisman, Michael W.. 2005. The law-in-action of the International Criminal Court. The American Journal of International Law 99(2): 385–403.CrossRefGoogle Scholar
Branch, Adam. 2007. Uganda's civil war and the politics of ICC intervention. Ethics & International Affairs 21(2): 179–198.CrossRefGoogle Scholar
,Catholic Relief Services (CRS). 2005. Northern Uganda: The Forgotten War. Baltimore: CRS.Google Scholar
Clarke, Kamari Maxine. 2009. Fictions of Justice: The International Criminal Court and the Challenges of Legal Pluralism in Sub-Saharan Africa. New York: Cambridge University Press.CrossRefGoogle Scholar
Clarke, Kamari Maxine. 2007. Global justice, local controversies: the International Criminal Court and the sovereignty of victims. In Dembour, M. and Kelly, T. (eds.). Paths to International Justice. Cambridge: Cambridge University Press.Google Scholar
Danieli, Yael. 2009. Massive trauma and the healing role of reparative justice. In Ferstman, C., Goetz, M., and Stephens, A. Reparations for Victims of Genocide, Crimes Against Humanity and War Crimes: Systems in Place and Systems in the Making. Leiden and Boston: Martinus Nijhoff.CrossRefGoogle ScholarPubMed
Dolan, Chris. 2000. Inventing Traditional Leadership? A Critical Assessment of Denis Pain's “The Bending of the Spears.” COPE Working Paper: ACORD.
Drumbl, Mark A. 2005. Collective violence and individual punishment. Northwestern University Law Review 99: 539–610.Google Scholar
Drumbl, Mark A. 2007. Atrocity, Punishment, and International Law. Cambridge: Cambridge University Press.CrossRefGoogle Scholar
Fiss, Owen. 2007. Within reach of the state: Prosecuting atrocities in Africa. The Boston Review September/October: 7–9.Google Scholar
Garkawe, Sam. 2003. Victims and the International Criminal Court: Three major issues. International Criminal Law Review 3(4): 345–367.CrossRefGoogle Scholar
Glickman, S. 2004. Victims' justice: Legitimizing the sentencing regime of the international criminal court. Columbia Journal of Transnational Law 43(1): 229–268.Google Scholar
Hayner, Priscilla. 2002. Unspeakable Truths: Facing the Challenge of Truth Commissions. New York: Routledge.Google Scholar
Hirsch, Susan F. 2006. In the Moment of Greatest Calamity: Terrorism, Grief, and a Victim's Quest for Justice. Princeton: Princeton University Press.Google Scholar
Hirsch, Susan F. 2007. Therapy, revenge, or justice? Transformative ethnography after tragedy. PoLAR: Political and Legal Anthropology Review 30(1): 151–179.CrossRefGoogle Scholar
,Human Rights Watch (HRW). 2005. ICC Takes Decisive Step for Justice in Uganda [cited October 14, 2005]. From http://www.hrw.org/node/70189.
,Human Rights Watch (HRW). 2005. The Meaning of “The Interests of Justice” in Article 53 of the Rome Statute. New York: HRW.Google Scholar
Huyse, Luc, and Salter, Mark. 2008. Traditional Justice and Reconciliation after Violent Conflict. Stockholm: International Institute for Democracy and Electoral Assistance.Google Scholar
International Center for Transitional Justice (ICTJ) and Human Rights Center – UC Berkeley (HRC). 2005. Forgotten Voices: A Population-Based Survey on Attitudes about Peace and Justice in Northern Uganda.
Kaiza, David. 2005. Engaging ICC Will Worsen the Conflict in Northern Uganda. The East African, April 26, 2005.Google Scholar
Little, J. Alex. 2007. Balancing accountability and victim autonomy at the International Criminal Court. Georgetown Journal of International Law 38: 363.Google Scholar
,Liu Institute for Global Issues (UBC, Vancouver); Gulu District NGO Forum, Ker Kwaro Acholi. 2005. Roco Wat I Acoli: Restoring Relationships in Acholi-Land: Traditional Approaches to Justice and Reintegration. Vancouver.
Lomo, Zachary, and Hovil, Lucy. 2004. Behind the Violence: The War in Northern Uganda. Vol. 99, Institute for Security Studies (ISS) Monograph. South Africa: ISS.Google Scholar
Minow, Martha. 1998. Between Vengeance and Forgiveness: Facing History after Genocide and Mass Violence. Boston: Beacon.Google Scholar
Nalugo, Mercy. 2005. North Leaders Urge ICC to Prosecute Kony. The Monitor, April 18.Google Scholar
Neu, Joyce. 2005. Briefing on the conflict in Uganda: Hope for a negotiated solution. Washington, DC: University of San Diego.Google Scholar
O'Connell, Jamie. 2005. Gambling with the psyche: Does prosecuting human rights violators console their victims?Harvard International Law Journal 46: 295–345.Google Scholar
,Office of High Commissioner for Human Rights (OHCR). 2007. Making Peace Our Own: Victims' Perceptions of Accountability, Reconciliation and Transitional Justice in Northern Uganda. United Nations.Google Scholar
Orentlicher, Diane F. 2007. “Settling accounts” revisited: Reconciling global norms with local agency. International Journal of Transitional Justice 1: 10–22.CrossRefGoogle Scholar
Pain, Dennis, and Madit, Kacoke. 1997. “The Bending of Spears”: Producing Consensus for Peace and Development in Northern Uganda. London: International Alert.Google Scholar
Quinn, Joanna. 2004. Constraints: The un-doing of the Uganda truth commission. Human Rights Quarterly 26: 401–427.CrossRefGoogle Scholar
Rome Statute of the International Criminal Court. July 1, 2002.
Southwick, Katherine. 2005. When Peace and Justice Clash. International Herald Tribune.Google Scholar
Stover, Eric. 2005. The Witnesses: War Crimes and the Promise of Justice in the Hague. Pennsylvania Studies in Human Rights. Philadelphia: University of Pennsylvania Press.CrossRefGoogle Scholar
,United Nations: Integrated Regional Information Network (IRIN). 2005. Uganda: ICC indictments to affect northern peace efforts. IRIN [cited October 10, 2005]. http://www.globalsecurity.org/military/library/news/2005/10/mil-051010-irin02.htm.
“Victims of Uganda Atrocities Follow a Path of Forgiveness.” The New York Times, April 18, 2005.
Waldorf, Lars. 2006. Mass justice for mass atrocity: Rethinking local justice as transitional justice. Temple Law Review 79: 1–87.Google Scholar

Save book to Kindle

To save this book to your Kindle, first ensure coreplatform@cambridge.org is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.

Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

Available formats
×

Save book to Dropbox

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.

Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

Available formats
×