This collection identifies and discusses problems and opportunities for the theory and practice of international criminal justice.
The International Criminal Court and project of prosecuting international atrocity crimes have faced multiple challenges and critiques. In recent times, these have included changes in technology, the conduct of armed conflict, the environment, and geopolitics. The mostly emerging contributors to this collection draw on diverse socio-legal research frameworks to discuss proposals for the futures of international criminal justice. These include addressing accountability gaps and under-examined or emerging areas of criminality at, but also beyond, the International Criminal Court, especially related to technology and the environment. The book discusses the tensions between universalism and localisation, as well as the regionalisation of international criminal justice and how these approaches might adapt to dynamic organisational, political and social structures, at the ICC and beyond.
The book will be of interest to students, researchers and academics. It will also be a useful resource for civil society representatives including justice advocates, diplomats and other government officials and policy-makers.
Table of Contents
- Introduction: The Futures of International Criminal Justice
Emma Palmer and Susan Harris Rimmer
- Rethinking the International Criminal Court as the Court of Its State Parties
- The Politics of ‘the Decider’ and the Implications of the ICC’s Response to the Afghanistan and Palestine Situations
Shannon Maree Torrens
- The Local, Resilience, and the Future of Hybrid Courts in International Criminal Law
- Development versus Justice: International Criminal Law and Investment in Myanmar
- Imagining Future Reparations for Environmental Destruction
- Unlawful Human Experimentation in the Wake of the Trials under Control Council Law No 10 at Nuremberg, in the Rome Statute for the International Criminal Court and at the Extraordinary Chambers in the Courts of Cambodia
- Testing Knowledge: Weapons Reviews of Autonomous Weapons Systems and the International Criminal Trial
Eve Massingham and Simon McKenzie
- Creating Legal Frameworks to Afford Human Accountability for AI Decisions in War
- Future-Proofing International Criminal Law: Complexity Theory Perspectives on Collective Entity Accountability
Anna Marie Brennan
- Postscript: International Criminal Justice Futures
Susan Harris Rimmer, Emma Palmer and Edwin Bikundo
Futures for Institutions
Futures for Persistent Problems
Futures of Responsibility
Natalie J E Nunn
Emma Palmer is a Lecturer at the Griffith Law School, Griffith University, Australia. Her teaching and research interests address international criminal law, human rights law, comparative law, and international investment law. She was previously a Research Assistant at UNSW and has worked an investment analyst. Emma was admitted as a lawyer in New South Wales and is a Director for Women's Legal Service NSW.
Susan Harris Rimmer is the Director of the Griffith University Policy Innovation Hub (appointed July 2020). Her research interests address transitional justice, international human rights law, climate justice and feminist approaches to international law. She was previously the Deputy Head of School (Research) in the Griffith Law School and prior to joining Griffith was the Director of Studies at the ANU Asia-Pacific College of Diplomacy.
Edwin Bikundo is a Senior Lecturer at the Griffith Law School, Griffith University, Australia. Edwin’s teaching and research interests lie in International and Comparative Law as well as Legal Theory.
Martin Clark is an Adjunct Lecturer at the Faculty of Law, University of Tasmania and Modern Law Review Post-Doctoral Fellow. He completed his PhD in Law at the London School in May 2020, where he was a Judge Rosalyn Higgins Scholar and Modern Law Review Scholar (2018 and 2019), and is an assistant editor at the London Review of International Law. He works on the history of legal thought, international law and public law, and teaches contract and legal theory. His book with Yoriko Otomo, Eating the World: A Global History of Law and Commodities will be out with Counterpress in early 2022.