During the trial of LRA commander Dominic Ongwen at the International Criminal Court, the request... more During the trial of LRA commander Dominic Ongwen at the International Criminal Court, the request was declined to adopt Ugandan traditional justice mechanisms in sentencing. The move raises questions about the value of these mechanisms in future cases and, should they be considered, how they might overcome expected shortcomings. The legal representation for victims in the Prosecutor Vs Dominic Ongwen case outline the potential of traditional justice mechanisms and the risk of marginalising already discriminated groups
This chapter looks at the goals and framework of communication between lawyers representing victi... more This chapter looks at the goals and framework of communication between lawyers representing victims and their clients, with a view to offering specific and practical advice for initiating, maintaining and improving that communication. It will first look at the goals and framework of communication between representatives and victims, and how such goals can be set. Then it will address the content of the communication from lawyers to victims and vice versa, namely how victims should be informed, consulted and involved throughout their representation. Thirdly, the chapter will elaborate on the manner and methods through which communication should be achieved. Practical examples based on past ECCC, ICC and STL experience will be offered throughout the chapter. Although its main purpose is to address communication between victims’ lawyers and their clients, the chapter can also be useful to registry officials, Prosecution and Defence lawyers, as well as judges and legal officers involved...
The International Criminal Court (ICC) convicted three militia commanders – Thomas Lubanga Dyilo,... more The International Criminal Court (ICC) convicted three militia commanders – Thomas Lubanga Dyilo, Germain Katanga and Bosco Ntaganda – for war crimes and crimes against humanity committed in Ituri, in the Democratic Republic of Congo. However, none of these convictions have resulted in a cessation of violence in the region, as recent events have illustrated. Although the ICC is one initiative aimed at securing peace in Ituri, the extent of the ICC’s engagement with this particular context presents a good opportunity to reflect on its limited contribution and to illustrate the structural violence problems that underlie most, if not all, ICC situations and cases in Africa. Furthermore, it will be argued that the ICC can redeem itself from its embeddedness within the liberal peacebuilding paradigm by judicialising the economic realities of violence, thereby combating some of the worst effects of structural violence.
Without its own police force or enforcement mechanism, the ICC is dependent on the cooperation of... more Without its own police force or enforcement mechanism, the ICC is dependent on the cooperation of States Parties in the investigation and prosecution of crimes under the jurisdiction of the Court. The three Kenya cases illustrate that the Kenyan Government has been less than forthcoming in providing prompt and genuine cooperation with the ICC. In fact, it could be argued that it has done exactly the opposite, often aligning its position with the three accused. In the face of such non-cooperation, what can the ICC do in order to ensure that it remains able in carrying out effective prosecutions? Unless the States Parties do all that they can to obtain cooperation from non-cooperative states, the value and deterrent effect of the ICC will significantly diminish. Or to put it in another way, the ICC will risk becoming the proverbial dog that barks but has no teeth to bite.
Under Article 68(3) of the Rome Statute of the International Criminal Court victims are able to p... more Under Article 68(3) of the Rome Statute of the International Criminal Court victims are able to present their views and concerns to the Court as long as this is not prejudicial to, or inconsistent with the rights of the accused and a fair and impartial trial. Experience shows that justice is often not the primary concern of victims and most are plagued with more immediate concerns, such as medical care, livelihood assistance, psycho-social support, education etc. The reality is that victims cannot meaningfully participate in the ICC proceedings unless these immediate needs are met, either before the proceedings or concurrently with them.
During the trial of LRA commander Dominic Ongwen at the International Criminal Court, the request... more During the trial of LRA commander Dominic Ongwen at the International Criminal Court, the request was declined to adopt Ugandan traditional justice mechanisms in sentencing. The move raises questions about the value of these mechanisms in future cases and, should they be considered, how they might overcome expected shortcomings. The legal representation for victims in the Prosecutor Vs Dominic Ongwen case outline the potential of traditional justice mechanisms and the risk of marginalising already discriminated groups
This chapter looks at the goals and framework of communication between lawyers representing victi... more This chapter looks at the goals and framework of communication between lawyers representing victims and their clients, with a view to offering specific and practical advice for initiating, maintaining and improving that communication. It will first look at the goals and framework of communication between representatives and victims, and how such goals can be set. Then it will address the content of the communication from lawyers to victims and vice versa, namely how victims should be informed, consulted and involved throughout their representation. Thirdly, the chapter will elaborate on the manner and methods through which communication should be achieved. Practical examples based on past ECCC, ICC and STL experience will be offered throughout the chapter. Although its main purpose is to address communication between victims’ lawyers and their clients, the chapter can also be useful to registry officials, Prosecution and Defence lawyers, as well as judges and legal officers involved...
The International Criminal Court (ICC) convicted three militia commanders – Thomas Lubanga Dyilo,... more The International Criminal Court (ICC) convicted three militia commanders – Thomas Lubanga Dyilo, Germain Katanga and Bosco Ntaganda – for war crimes and crimes against humanity committed in Ituri, in the Democratic Republic of Congo. However, none of these convictions have resulted in a cessation of violence in the region, as recent events have illustrated. Although the ICC is one initiative aimed at securing peace in Ituri, the extent of the ICC’s engagement with this particular context presents a good opportunity to reflect on its limited contribution and to illustrate the structural violence problems that underlie most, if not all, ICC situations and cases in Africa. Furthermore, it will be argued that the ICC can redeem itself from its embeddedness within the liberal peacebuilding paradigm by judicialising the economic realities of violence, thereby combating some of the worst effects of structural violence.
Without its own police force or enforcement mechanism, the ICC is dependent on the cooperation of... more Without its own police force or enforcement mechanism, the ICC is dependent on the cooperation of States Parties in the investigation and prosecution of crimes under the jurisdiction of the Court. The three Kenya cases illustrate that the Kenyan Government has been less than forthcoming in providing prompt and genuine cooperation with the ICC. In fact, it could be argued that it has done exactly the opposite, often aligning its position with the three accused. In the face of such non-cooperation, what can the ICC do in order to ensure that it remains able in carrying out effective prosecutions? Unless the States Parties do all that they can to obtain cooperation from non-cooperative states, the value and deterrent effect of the ICC will significantly diminish. Or to put it in another way, the ICC will risk becoming the proverbial dog that barks but has no teeth to bite.
Under Article 68(3) of the Rome Statute of the International Criminal Court victims are able to p... more Under Article 68(3) of the Rome Statute of the International Criminal Court victims are able to present their views and concerns to the Court as long as this is not prejudicial to, or inconsistent with the rights of the accused and a fair and impartial trial. Experience shows that justice is often not the primary concern of victims and most are plagued with more immediate concerns, such as medical care, livelihood assistance, psycho-social support, education etc. The reality is that victims cannot meaningfully participate in the ICC proceedings unless these immediate needs are met, either before the proceedings or concurrently with them.
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of the Court. The three Kenya cases illustrate that the Kenyan
Government has been less than forthcoming in providing prompt and genuine cooperation with the ICC. In fact, it could be argued that it has done exactly the opposite, often aligning its position with the three accused. In the face of such non-cooperation, what can the ICC do in order to ensure that it remains able in carrying out effective prosecutions? Unless the States Parties do all that they can to obtain cooperation from non-cooperative states, the value and deterrent effect of the ICC will significantly diminish. Or to put it in another way, the ICC will risk becoming the proverbial dog that barks but has no teeth to bite.
of the Court. The three Kenya cases illustrate that the Kenyan
Government has been less than forthcoming in providing prompt and genuine cooperation with the ICC. In fact, it could be argued that it has done exactly the opposite, often aligning its position with the three accused. In the face of such non-cooperation, what can the ICC do in order to ensure that it remains able in carrying out effective prosecutions? Unless the States Parties do all that they can to obtain cooperation from non-cooperative states, the value and deterrent effect of the ICC will significantly diminish. Or to put it in another way, the ICC will risk becoming the proverbial dog that barks but has no teeth to bite.