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- SusanKnisely: I work with a good number complex crime victims. The population is those who are victims of terrorism and human trafficking; women, children and their families. My commentary is based on experience with these victims rather than theory. Sadly, in America, our legal system fails especially in complex cases. One reason I discovered is that many attorneys don't want to take on a complex case as they could earn the same income from a "easy," case. Second is a resistance by the private legal system... (more)
- Cowdery: It is to be hoped that the ICC, like other courts, would be able to play a crime prevention role in respect of the offences with which it deals; but a few basic points need to be made in the interests of realism. First it is not like other courts. Domestic criminal courts have jurisdiction over a geographical area covered by law enforcement officials who feed offences into those courts. There is reach, permanence and consistency of action. There is a real risk of detection and... (more)
- Kimia: Coercive Diplomacy: An ICC Approach to Minimize Human Rights Atrocities Argument Instead of focusing on a retribution approach, the ICC should think about using a coercive diplomacy framework in some cases. At a time when perpetrators have committed crimes and are able to wage ongoing human rights abuses, this approach may induce short-term deterrence. Introduction... (more)
- elio: Argument To achieve long-term deterrence and prevention of crimes, the ICC must first be seen as a legitimate and credible threat. To be seen as a credible threat, the ICC should employ two methods. First, the ICC should take a broad view of the “complementarity” principle. Second, when the ICC decides to issue an arrest warrant, it should resolutely... (more)
- Patrick S Wegner: Interesting post Jonathan. I think the idea of proactive complementarity goes into the right direction, but there are also some dangers in trying to rush domestic prosecutions. The International Crimes Division (ICD) of the Ugandan High Court would be a good example for the type of domestic prosecutions furthered by the ICC that you suggest. The Court was set up in the scope of the accountability discussions during the Juba negotiations with the Lord's Resistance Army. The need to talk about... (more)
- grant2012: ICC Should Plea-Bargain to Prevent Crime and Bring Restorative Justice to Victims Argument The International Criminal Court (ICC) should utilize plea bargaining with criminal leaders prior to trial to remove criminal leaders who enflame hostilities from their positions of power. By removing criminal leaders, the ICC can serve its mission by preventing future crimes emanating from that conflict and... (more)
- Sean.Lowe: Economic Sanctions & Capacity Building: Two Approaches to Prevent Atrocities Most Effectively Argument Because the ICC does not address crime with all of the traditional tools of punishment, it follows that the ICC must look to creative, non-traditional approaches for it to maximize its crime prevention impact. The ICC, then, should focus on two specific priorities, the first of... (more)
- nmoley: Argument The ICC’s overall effectiveness would be improved if it undertook a clear rule delineating when a state is “unwilling or unable” to prosecute on its own. In order to achieve the aims of preventing crime, promoting justice, and ending impunity for perpetrators of serious crimes, the ICC must continually legitimize itself in the eyes of the international community. At the same time, the... (more)
- jonathan.tobin: Argument The International Criminal Court can increase its legitimacy by focusing upon a strategy of complementarity. Such a strategy would mean that the ICC works closely with member states to develop and act upon agreed-upon standards of prosecution in cases of war crimes and other results of widespread violence. This strategy would also increase the visibility of the ICC such that it would not be seen as a... (more)
- davidlee211: Positive Complementarity: Prospects and Limits Argument In order to maximize its effectiveness in the prevention of crimes, the ICC should continue to encourage and assist States Parties in undertaking national prosecutions of international crimes through what is called “positive complementarity.” While there are significant obstacles to positive complementarity, there are several ways to overcome them and to... (more)
- G. L.: Argument The International Criminal Court (ICC), as an isolated legal institution, has minimal deterrent effect on the crimes it has jurisdiction over. However, it is a part of a greater trend in international law fostering universal condemnation for these crimes and thus creating an environment where such crimes are unsupportable and indefensible. I. Introduction The preamble of the... (more)
- Scott McDonald: Argument In order for OTP to maximize its prevention of crime, it must base its policies on a cost-benefit model of deterrence. This model advances the idea that an actor will stop (or not begin) rights violating behavior when the cost of that behavior outweighs its benefits. There are different classes of actors that the ICC must work towards deterring however, and each class has different considerations that play... (more)
- danterzian: Professor Goldstone praises the ICC as the world's best hope for preventing crimes against humanity. But it's just that: A hope. He argues that the key to achieving justice and preventing crimes is universal ratification of the Rome Statute. I disagree. Signatories aren't the key; soldiers are. The Democratic Republic of Congo, for example, signed the Rome Statute. And the ICC indicted Congolese General Bosco Ntaganda. Yet he lives openly, luxuriously and lawlessly. (http://motherjones.com/... (more)
- Scott McDonald: I agree with Mr. Goldstone that the emerging doctrine of Responsibility to Protect (R2P) represents a key opportunity for the ICC to maximize its crime prevention capabilities. However, its usefulness seems limited by the recently defined crime of aggression, which allows for force only in the traditional cases of self-defense or U.N.S.C. authorization. While the U.N.S.C. is to be applauded for utilizing an R2P rationale for the first time following the limited adoption of the doctrine at the... (more)
- Alma Pekmezovic: Introduction The ICC has been established with jurisdiction over various types of crimes, including: genocide, war crimes and crimes against humanity. These crimes affect “international peace and security.”1 The main purpose of the Court is to end impunity for these crimes and bring individuals who have committed such crimes to justice.2 At the most basic level, the function of the ICC is to... (more)
- Cecilia: Argument The International Criminal Court should actively employ positive complementarity and defer to non-prosecutorial methods when appropriate in preventing crime. Deterring crime involves more than prosecution by the ICC. Changing societal norms and standards through positive complementarity and alternative justice mechanisms may have a long-term preventative impact. Introduction If the ICC... (more)
- danterzian: Argument The ICC’s threat of punishment, while disincentivizing prospective criminals from committing crimes, ineffectively disincentives current criminals from committing further crimes. Thus, if the ICC wishes to prevent crimes in ongoing conflicts, it should employ practices beyond threatening punishment such as pre-arrest plea bargaining. Introduction Threatening punishment deters... (more)
Comment on the Prevention Question: “What measures should be taken to maximize the crime prevention impact of the International Criminal Court?”
I work with a good number complex crime victims. The population is those who are victims of terrorism and human trafficking; women, children and their families. My commentary is based on experience with these victims rather than theory.
Sadly, in America, our legal system fails especially in complex cases. One reason I discovered is that many attorneys don't want to take on a complex case as they could earn the same income from a "easy," case. Second is a resistance by the private legal system to perform their own research in overlapping issues. Third is a resistance to correct legal issues or "oversights," outside a systems jurisdiction, even if a past issue is contributory to a current legal issue within their jurisdiction. Fourth is a tendency to provide legal assistance to criminals rather than those who are the victims of their crimes.
Private resources outside the judicial system lack in complex management. They expect clients to fit program molds and case plans regardless if it is applicable to their safety or general well being. Long term observational studies show repeat mental, physical, financial and family reoccurring violence as being contributory. Given these systems make little to no attempt to understand complexity in the individuals they serve is suggestive of a intent to keep the cycle of crime and violence ongoing.
If an effort was made within the United States to address the human rights issues of these victims I would consider an action of the ICC not legally necessary, however that is not the situation. To date, the ICC is the only court who can save these victims.