The Globalisation of Justice: Amplifying and Silencing Voices at the ICC

21 Pages Posted: 22 Aug 2018 Last revised: 23 Aug 2018

See all articles by Sarah Nouwen

Sarah Nouwen

European University Institute; University of Cambridge - Faculty of Law

Warner Ten Kate

United Nations

Date Written: August 1, 2018

Abstract

Part of the book Mobilising International Law for “Global Justice” (edited by Jeff Handmaker and Karin Arts, forthcoming with Cambridge University Press), this chapter argues that the very first situation before the International Criminal Court is illustrative of how the globalisation of international criminal justice amplifies some voices while silencing others. The chapter shows how in northern Uganda the globalisation of criminal justice offered a site for what Martti Koskenniemi has called ‘the politics of re-description’ and we give four examples: (1) the struggle between a military approach and reconciliation efforts in the period prior to ICC intervention; (2) the ICC referral as a way to re-describe the conflict and to continue a military approach; (3) the Juba peace process as a negotiation between legal and other approaches and (4) the post-Juba period, in which a political agreement is approached legalistically.

Keywords: International Criminal Court, northern Uganda, globalisation, international criminal justice, peace versus justice, Acholi

Suggested Citation

Nouwen, Sarah Maria Heiltjen and Ten Kate, Warner, The Globalisation of Justice: Amplifying and Silencing Voices at the ICC (August 1, 2018). University of Cambridge Faculty of Law Research Paper No. 51/2018, Available at SSRN: https://ssrn.com/abstract=3236896 or http://dx.doi.org/10.2139/ssrn.3236896

Sarah Maria Heiltjen Nouwen (Contact Author)

European University Institute ( email )

Via Bolognese 156 (Villa Salviati)
50-139 Firenze
ITALY

University of Cambridge - Faculty of Law ( email )

10 West Road
Cambridge, CB3 9DZ
United Kingdom

Warner Ten Kate

United Nations

New York, NY 10017
United States

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