scholarly journals Visualizing Law and Justice at the Extraordinary Chambers in the Courts of Cambodia

AJIL Unbound ◽  
2020 ◽  
Vol 114 ◽  
pp. 128-132
Author(s):  
Maria Elander

The body is falling backwards, facing the sky. The hands are clasped together in a sampeah, as if in greeting, as if in prayer. For the artist of the Cambodian Tragedy Memorial, also called A ceux qui ne sont plus là (For those who are no longer here), the body “speak[s] both to and beyond individual identity.” By standing both as personal testimony of loss and “in memory of the Cambodian genocide and its impossible representation,” the memorial raises longstanding questions on the authority and limits of testimony, on representation, and, importantly for this symposium, on the relation between art and international criminal law.

2014 ◽  
Vol 34 (1-2) ◽  
Author(s):  
Susanne Karstedt

AbstractThere was nothing inevitable about the amazing development of international criminal law and justice institutions since the 1990s, and neither about the proliferation of international and domestic procedures to end im­punity for gross human rights violations and international crimes, in particular atrocity crimes. As socio-legal researchers engaged with the processes of global lawmaking in the arena of international criminal justice, thy found “recursive” cycles of lawmaking (Halliday 2009), which involved transnational and domestic politics and actors, and were driven by mechanisms resulting from structural characteristics of the global sphere, and the very nature of interna­tional law itself The article explores this development through the lens of three “constitutional moments ” and the diagnostic struggles and contestation of the legal and political concept of genocide. Finally it analyses the emerging power of international criminal law through the processes of commitment and compliance, deterrence and expressivism. In a surprising analogy to E.P. Thompson’s study of lawmaking in 18th centuy Britain, the self-binding power of law emerges as a decisive factor in international criminal lawmaking.


Author(s):  
Frédéric Mégret

One of the most significant contributions of Bill Schabas to the study of international criminal law is his critique of the tendency of contemporary international criminal justice to focus on individuals associated with non-state actors as opposed to states. This chapter seeks to first evaluate it as an empirical claim to assess the degree to which the International Criminal Court (ICC) has, if at all, disproportionately focused on non-state actors, beyond the well-known case of state self-referrals. It then addresses the normative case against such an evolution. The real issue is jurisdictional and a matter of prosecutorial policy rather than the substantive one of whether non-state groups can commit international crimes. The conclusion envisages what it is that is common between states and certain armed groups that ought to give a particular character of gravity to their acts and recommend them for special attention from international criminal law and justice.


Author(s):  
Тамерлан Шайх-Магомедович Едреев

Развитие международного уголовного права происходит с учетом современных реалий, в которых противостояние государств зачастую приобретает формы войны в киберпространстве, при этом такого рода атаки имеют высокую опасность. В связи с этим в данной статье предпринята попытка определения кибервойны как нового вида преступления в международном уголовном праве. The development of international criminal law takes into account modern realities, in which the confrontation of states often takes the form of war in cyberspace, while such attacks are of high danger. In this regard, this article attempts to define cyber warfare as a new type of crime in international criminal law.


Sign in / Sign up

Export Citation Format

Share Document