Diversity of Internationalised Criminal Courts: Fragmentation or Consolidation of International Criminal Justice?
26 Pages Posted: 11 Jul 2019
Date Written: April 30, 2019
This paper explores whether the tendency of establishing of internationalised criminal courts further fragments or consolidates the international criminal justice system. The model of internationalised criminal courts emerged in response to limitations shown in the works of the ad hoc and classic tribunals. Such courts are hybrid in context of personnel as well as to the law they apply. The second part provides a comparative and normative-dogmatic analytical overview of the most representative internationalized courts established in the past fifteen years with the aim of assessing circumstances favouring their establishment. Specifics of each of these courts shows that the diversity of existing internationalised courts has an overarching impact over an attempt for a unified theoretical assessment due to extensive differences in relation to institutional and the applicable legal framework. Based on the foregoing, this paper builds upon the theory that diversity of such courts due to extensive differences contributed to diversification of international criminal law and suggest that it has influenced the fragmentation the already fragile international criminal justice system.
Keywords: International Criminal Law, Proliferation, Diversity, Internationalised Courts, Legal Certainty
JEL Classification: K14, K33
Suggested Citation: Suggested Citation