Concepedia

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international criminal practice

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Institutions

ICC Legitimacy and Jurisdiction

1997 - 2004

The period centers on building legitimacy for a standing International Criminal Court through transnational negotiation over the Rome Statute, balancing deterrence, accountability, and state sovereignty. Debates clarified the scope of core crimes and the reach of jurisdiction, addressing universal jurisdiction concerns and drawing on preparatory negotiations and comparative legal traditions to map how the Court would operate within diverse national systems. Empirical and normative inquiries examined whether prosecutions deter atrocities, promote post-conflict peace, and how domestic political constraints and amnesties shape the Court’s prospects for legitimacy and effectiveness.

ICC legitimacy and legitimacy-building through transnational negotiation of the Rome Statute, balancing deterrence, accountability, and state sovereignty. Grounded in the Rome Statute, the Rome Conference negotiations, and preparatory sessions with contrasting US perspectives [10], [7], [8], [12], [1].

Definitions and jurisdiction: shaping what counts as ICC crimes (crimes against humanity, war crimes) and how the Court may reach states, with definitional debates, jurisdictional regimes, universal jurisdiction concerns, and ICTY jurisprudence informing the limits [14], [18], [19], [15], [11], [2].

Impact of international justice on post-conflict outcomes: empirical and normative scrutiny of whether prosecutions deter atrocity and promote peace, including ICTY/ICTR experiences and political dynamics of war crimes tribunals [4], [13], [9], [20], [11].

Normative debates on legitimacy, sovereignty, and efficacy of international justice, including concerns about amnesties, domestic political constraints, and the proper role of ICC within national systems [1], [3], [17], [16], [6].

Precursor jurisprudence and institutional evolution: ICTY/ICTR jurisprudence, cases, and preparatory processes informing ICC expectations, highlighting progress, challenges, and the relationship between international tribunals and domestic law [15], [20], [11], [9], [17].

ICC Legitimacy Dynamics

2005 - 2011

Transnational ICL Politics

2012 - 2014

Legitimacy and Deterrence

2015 - 2021