Publication Type: Conference Paper/Unpublished Manuscript
Review Method: Peer Reviewed
Abstract: International law has traditionally if controversially acknowledged preemptive attack as a legitimate act if self defense, although only under very constrained conditions, while consistently holding preventive attacks against less-than-imminent threats to be beyond the pale of the legitimate use of force. This paper re-examines the legal standing and definitions of anticipatory self-defense, particularly considering how these might change or be required to change in the context of terrorism and WMD proliferation. It will also consider the implications of the recent establishment of the International Criminal Court for the future consideration and use of anticipatory strategies.

Publication Type: Conference Paper/Unpublished Manuscript
Abstract: As international tribunals gain importance, so does knowledge of the legitimacy that they yield within a local context. In attempting to come to an understanding of the local legitimacy of the International Criminal Court, this paper discusses the case of Uganda. Here, the war crimes committed by the Lords Resistance Army were - in 2004 - the first to be referred to the ICC. A few years later, however, the prosecutor received vigorous pleas from virtually all actors within Ugandan society not to press proceedings. This, it is argued, would destabilize the fragile peace process that rests on a combination of an Amnesty Procedure and traditional dispute resolution mechanisms. This paper views the dilemma that the prosecutor faces through the eyes of those most affected by the war and investigates evidence on their opinions on the type of justice desired in the aftermath of twenty years of violent conflict. In doing so it also argues for a grounded, empirical to approach to the legitimacy of international tribunals and seeks to apply legal consciousness theory to this field that is quickly increasing in significance.

Publication Type: Conference Paper/Unpublished Manuscript
Abstract: Using process tracing I show that EU?s support for the ICC constitutes the first example of a unanimously supported and supranationally originated international policy by the EU. Expert committees are the intervening variables at different stages.

Publication Type: Conference Paper/Unpublished Manuscript
Abstract: While the International Criminal Court (ICC) became operational only in July 2002 with the entry into force of its statute, it constitutes the culmination of over a half-century of the development of international justice. Its creation, and now operation, have not been without controversy. The court faced a strong challenge from the outset by the United States, which first signed its statute and then “unsigned” it. Its early cases have also drawn some criticism on a number of grounds. There have been concerns that the ICC has become an “International Criminal Court” for Africa. Alternatively, there have been concerns that prosecutions will hamper peace processes, or will be unnecessarily limited, in cases where investigations are underway or indictments have been issued, in Uganda, the Democratic Republic of Congo (DRC), and the Darfur region of Sudan. There may also be cause for concern that the court, while structurally designed to be attentive to the gender dimension of many crimes, may not be gender-sensitive in practice. This paper will briefly discuss the background of the ICC and its current membership, before turning to the US objections and their ramifications. It will then consider the court’s current caseload. It will then turn to three criticisms of the court: case selection, practice as hampering peacebuilding, and practice as insufficiently gender-sensitive, as well as develop some responses to these criticisms

Publication Type: Conference Paper/Unpublished Manuscript
Review Method: Peer Reviewed
Abstract: As a new institution, the International Criminal Court (further: ICC) needs to gain legitimacy not just with states, but also in global civil society. Based on academic and NGO literature, interviews and fieldwork, this paper will survey current debates