Browsing by Subject "International Criminal Court"

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Open Access
Aims of international prosecution : deterrence and International Criminal Court
(2010) Çil, Deniz
International community while establishing international mechanisms to prosecute and punish perpetrators of war crimes, crimes against humanity and the crime of genocide assumed that international prosecution would have a deterrent effect on potential perpetrators. Thus, this thesis aims to analyze the extent of contribution by international justice mechanisms to the prevention of grave human rights violations in an ongoing conflict. In other words, this thesis tries to figure out whether the predetermined purpose of deterring future crimes is realized or not by international criminal courts. After examining the scope of international criminal justice system and deterrence theory in criminology literature, a discussion on the applicability of deterrence theory to the international context is provided. The main argument of this thesis is that if an international criminal court gets actively involved in a conflict, it would have deterrent effect on potential perpetrators. In order to test this hypothesis a case study on the conflict in Democratic Republic of Congo and the involvement of International Criminal Court is conducted.
Open Access
A critique of the international criminal court : The Making of the “International Community” through international criminal prosecutions
(2015-07) Gözde, Turan
It is not “the state” but a more diffuse and amorphous power which revitalizes the twin legacies of the state of containment and disciplinary supervision of problematic populations at the global level. The International Criminal Court (ICC) as the current leading institution of both formulating and disseminating the international criminal law discourse is not only part and parcel of this progressively evolving global power but also a constituent agent as well as a product of the so-called international community. One aim of this study is to understand how international crimes become salient in the public sphere and what sort of techniques and procedures are applied to prevent and punish them. The effort of creating and developing more detailed and organized webs and networks to deal with the supposedly rising problem of global insecurity in connection to international crimes is subsequently associated with conditions of global political economy facilitating the establishment and operation of the ICC. Notwithstanding the complicated nature of discursive power enabling resistance besides subjectification, the invasive and deepening support given to the ICC within the framework of the current neoliberal discourse brings about a detrimental vision with regard to the international criminal law discourse. A critique of the ICC drawing on both Foucauldian and Gramscian thought projects the intensifying inequalities through the lenses of the international criminal law discourse embedded in a broader neoliberal discourse.
Open Access
The identity of ‘the other’ for sexual violence victims: is there anything new in sexual violence prosecutions before the International Criminal Court?
(Routledge, 2017) Turan, G.
Despite the spectacular development in the field of international criminal law, critical feminism stresses the narrow scope of the sex and gender crimes in the Rome Statute establishing the first permanent International Criminal Court. The current international criminal law discourse, as expressed by recent case law, is geared towards the protection of certain groups targeted on account of their distinctiveness within the framework of a conflict situation, and gender is not recognized as one of these group identities. The question whether international criminal law on sexual violence applies only to inter-group conflicts brings to the fore an uneasy likelihood of exclusion of some recently emergent situations where identities of the conflicting parties transcend a particular ethnicity or nationality, and where victims of sexual violence belong to the same group as their perpetrators. The article argues that, rather than the Rome Statute or newly introduced rules and regulations, a significant obstacle in developing gender justice is the narrow interpretation of sexual violence to inter-group hostilities. © 2016 Informa UK Limited, trading as Taylor & Francis Group.
Open Access
Manhood deprived and (Re)constructed during conflicts and international prosecutions : the curious case of the prosecutor v. Uhuru Muigai Kenyatta et al.
(Kluwer Law International, 2016) Turan, G.
Recent case law on sexual violence crimes heard before the ad hoc international criminal tribunals and courts, that interpret them in connection with ethnic conflict, raises the question of which acts can be defined as sexual violence. The International Criminal Court (ICC), in the situation of Kenya, does not regard acts of forced nudity, forcible circumcision and penile amputation as sexual violence when they are motivated by ethnic prejudice and intended to demonstrate the cultural superiority of one tribe over another. The Court argues that not every act of violence that targets parts of the body commonly associated with sexuality should be considered an act of sexual violence. This recent interpretation of what counts as sexual violence provides another example of the complicity of international criminal law institutions in the ongoing construction process of female subordination. The ICC, in the Kenya situation, implicitly confirms the mutilation of female agency by interpreting penile amputation as a kind of power game between males, and by instrumentalizing the male sexual organ as an indicator of masculinity and manhood. © 2016, Springer Science+Business Media Dordrecht.