International Criminal Justice: Critical Perspectives and New

International Criminal Justice wwwwwwwwwwww George Andreopoulos • Rosemary Barberet James P. Levine Editors International Criminal Justice Critical Perspectives and New Challenges Editors George Andreopoulos James P. Levine City University of New York City University of New York John Jay College of Criminal Justice John Jay College of Criminal Justice New York, NY New York, NY USA USA Rosemary Barberet City University of New York John Jay College of Criminal Justice New York, NY USA ISBN 978-1-4419-1101-8 e-ISBN 978-1-4419-1102-5 DOI 10.1007/978-1-4419-1102-5 Springer New York Dordrecht Heidelberg London © Springer Science+Business Media, LLC 2011 All rights reserved. This work may not be translated or copied in whole or in part without the written permission of the publisher (Springer Science+Business Media, LLC, 233 Spring Street, New York, NY 10013, USA), except for brief excerpts in connection with reviews or scholarly analysis. Use in connection with any form of information storage and retrieval, electronic adaptation, computer software, or by similar or dissimilar methodology now known or hereafter developed is forbidden. The use in this publication of trade names, trademarks, service marks, and similar terms, even if they are not identified as such, is not to be taken as an expression of opinion as to whether or not they are subject to proprietary rights. Printed on acid-free paper Springer is part of Springer Science+Business Media (www.springer.com) Foreword I am honored to have been asked to write the Foreword for this important book. As one of the plenary speakers at the John Jay College of Criminal Justice International Conference in San Juan, Puerto Rico, I spoke about the importance of research in international criminology and criminal justice, and the presence of global threats to human safety. What is unique about John Jay College of Criminal Justice and its international conferences is the effort to harness the thinking from a variety of disciplines to analyze crime and criminal justice issues. I am thus impressed that this has all materialized into this excellent edited collection, and that it represents so many disciplines: criminal justice, economics, philosophy, literature, sociology, and political science. Here at Intervict, an international research center based at the University of Tilburg in the Netherlands, we also undertake an interdisciplinary approach and emphasize the importance of victims of crime and abuse of power in all the work that we do. The interdisciplinary approach of the research program ensures that research is undertaken about all aspects of victimization, which will ultimately contribute to preventing or reducing instances of criminal victimization across the world and to limiting the effects of such victimization on victims and their families including economic costs, pain, and suffering. In our recent work, we have paid increasing attention to the victims of international crime. Throughout my career, both here and previously at the United Nations Office of Drugs and Crime, I have become convinced that criminologists can no longer confine their area of study to domestic crime, within the comfort of their national borders, when we know that the most heinous of crimes – genocide, war crimes, and crimes against humanity – are very likely to be undocumented, under- researched, and unpunished. Now, with the creation of the International Criminal Court in The Hague, the world is hopeful for a true enforcement mechanism for international criminal law serving the interests of individual and collective victims. I am thus enthusiastic that this edited collection focuses on international crime. I am heartened by the number of papers in this volume that tackle issues of governance and human rights, and I am glad to see that terrorism is also a feature of a number of chapters. In reading this book, I have seen that the chapters mirror the objectives of the conference, which had the theme, “Justice and Policing in Diverse v vi Foreword Societies.” The connection between the very technical and empirical nature of “criminal justice” studies and the larger philosophical and historical themes of “justice” cannot be broken, and we must continually strive as intellectuals to ensure that we do not lose the forest for the trees. Given that the mission of John Jay College of Criminal Justice is “educating for justice,” I can truly say that that this collection fulfills its purpose of educating us all in these important matters. Jan van Dijk Introduction One of the most remarkable developments in contemporary international affairs has been the pursuit of justice-related claims as a way of addressing a wide array of threats and challenges in the international system. Though interpretations as to the causes and impact of this development may vary, there is a growing consensus that accountability matters more than ever before in world politics, because it can con- stitute an effective instrument in the quest for a more just and secure world order.1 Even a hard-nosed realist such as Henry Kissinger reluctantly acknowledged the general acceptance of the proposition that certain universal principles are deemed enforceable, either by the United Nations, or in extreme situations, by a group of states…. Moreover, such international conventions as those condemning genocide, torture or war crimes, are said to be enforceable by national judges…. These views…amount to a revolu- tion in the way the international system has operated for more than three hundred years. (Kissinger, 2001, pp. 234–235) There are several factors that have contributed to this expansion of the justice space. First, the evolution of human rights norms has legitimized international con- cern for human welfare. Despite its modest beginnings, the human rights movement has scored some notable successes, especially in the area of standard setting. Under the auspices of the United Nations, “an impressive normative architecture” (Falk, 2002, p. 23) pertaining to human rights has gained wider acceptance in the international community (though its implementation still leaves a lot to be desired). This acceptance has been manifested in a variety of ways; one of its key facets is an increasingly dense transnational dialogue in which groups of government officials, as well as private individuals, exchange information and coordinate activi- ties on the basis of shared understandings of human needs and aspirations, in order to address a whole set of critical issues affecting human well-being. As a result, greater attention is now given to good governance and codes of conduct at all levels 1 Accountability is by definition a relational concept. At the most basic level, accountability refers to an agent’s responsibility for some act or failure to act in ways that are consistent with certain accepted standards of behavior, as well as to someone or some institutional entity. In the context of our volume, these standards of behavior refer to shared understandings of appropriate conduct as prescribed by internationally recognized human rights and humanitarian norms; See Andreopoulos (2010). vii viii Introduction than ever before. In addition, shifts in attitudes – and, at a slower rate, shifts in policy – are placing increasing emphasis on human rights and human needs in a model of human security that goes beyond traditional military and state-centric concepts of security. Second, a series of modern-day conflicts have resulted in the increasingly visible victimization of innocents and civilians. According to one study, the number of civilian deaths as a percentage of all deaths in selected twentieth-century wars has risen steadily throughout the century: from 14% in World War I, to 67% in World War II, to 90% in the conflicts of the 1990s (Garfield and Neugut, 2000, p. 33). This trend is reflective of an increasing number of conflicts in which the parties involved have placed emphasis on methods of political control that have focused on popula- tion displacement, as opposed to popular support which was characteristic of the revolutionary warfare that developed during and after World War II.2 Third, and in response to the humanitarian tragedies in the former Yugoslavia and Rwanda, the United Nations established two ad hoc tribunals: one for the former Yugoslavia (ICTY) and one for Rwanda (ICTR). The political aspects of this particular process of tribunal formation stands out due to the particular approach followed in establishing the two tribunals. Instead of pursuing the treaty route, the international community opted for a Security Council resolution upon determina- tion that the situation in both countries constituted a threat to international peace and security. Therefore, both the ICTY and ICTR are subsidiary organs of the prin- cipal political organ of the United Nations system, and their function is inextricably linked to the maintenance of international peace and security. Fourth, and related to the previous point, the establishment of the ad hoc tribunals has been followed by the creation of the International Criminal Court (ICC), as well as other internationalized or “mixed tribunals.” The Rome Conference led to the adoption of a Statute for the ICC in July 1998 and to the Statute’s entering into force in July 2002 upon its ratification by 60 countries. In addition, and following rather protracted negotiations between the United Nations and the governments of Sierra Leone and Cambodia, special “mixed courts” were established for the pros-

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