The International Criminal Court and Africa: Exemplary Justice

This is a theoretical and empirical investigation into the causal link (if any) between international criminal trials and preventing violence through exemplary prosecutions. Specifically how do representative trials of persons accused of having the greatest responsibility for the most serious crimes of concern to the international community as a whole, supposedly bind recurrent violence? The argument pursued is that by using an accused as an example, a court engages in an indirect and uncertain substitution of personal rights for social harmony and order. These prosecutions combine a peculiar rhetoric, logic and aesthetic, all which substitute the responsibilities for a society in general to a particular individual in order to redeem that society by transferring its communal responsibility onto the individual punished as a form of atonement or expiation. International and domestic trials, as well as truth and reconciliation commissions, are part of a suite of options addressing communal mass violence that can work in tandem. However, because those convicted do not have a monopoly on criminality, nor do those merely reconciled have a monopoly on virtue, exemplification through punishment only targets a few on behalf of the many. Indeed such a redemptively sacrificial economy distinguishes legal justice from mere vengeance.     

The 2006 Record of the International Court of Justice

This article presents a brief overview of developments relatingto the International Court of Justice during 2006 and reportson certain revisions and additions that were introduced to thePractice Directions and on the latest changes in the Court'scomposition. Finally, a brief outlook is presented on the basisof the status of the Court's docket as on 31 December 2006.     

The International Court of Justice and International Law-making: The Judicial Activism/Self-Restraint Antinomy

The antinomy between judicial activism and self-restraint, wellknown to students of the US Supreme Court, has implicationstoday also for international tribunals. The resort to judicialsettlement of international dispute is still predicated upona certain basic homogeneity of legal cultures and values goingwith them. When, however, social and cultural values are infundamental tension or collision with each other, there maybe an inclination towards activism to try to resolve the conflictsor contradictions. Any such activism on the part of the InternationalCourt of Justice, after the way seemed opened by the landmarkadvisory opinion in Nambia in 1971, effectively "overruling"earlier, more static jurisprudence, seems, however, to havebeen tempered by a perceived obligation of judicial respectfor the constitutional role and missions of the other policy-makingUN organs and other main players in the international community.As a result, this tends to lead to a situation in which theCourt may be dealing with no major, high political–legaltension-issues of the day.     

国际法院作用探讨

国际法院是联合国的主要司法机关 ,但尚未发挥其应有的作用。本文在《国际法院规约》的范围内 ,从国际法院管辖权的角度 ,探讨了加强国际法院作用的现实途径 :有所侧重地利用其诉讼管辖 ;充分利用具有多种优势的特别分庭 ;而咨询管辖则为国际组织提供了预防与解决争端的新途径。     

The Roberts Court and Police Practices: The Impact of Chief Justice Roberts and Justice Alito in Police Practices Cases

In police practices cases, the Supreme Court decides issues that determine when the law enforcement interest in solving crimes must give way to the interest of individuals to be left alone by the government. The replacement of Chief Justice Rehnquist with John Roberts and Justice Sandra Day O’Connor with Samuel Alito has now been in place for more than four terms. The time is appropriate to assess the likely impact of these two new members of the Court on police practices cases. This article examines that question by analyzing both the police practices opinions written by Roberts and Alito while they served on U.S. Courts of Appeals and their opinions while on the Supreme Court through the 2008-09 term. The conclusion is that the previous pattern of the police prevailing in the vast majority of these cases is unlikely to change. In addition, there is some evidence to suggest that Chief Justice Roberts is aligning himself closely with Justice Scalia in these cases and may be setting the stage for a significant modification or even elimination of the exclusionary rule.     

Dispute Settlement under the Rome Statute of the International Criminal Court: Article 119 and the Possible Role of the International Court of Justice

This paper examines the dispute settlement procedure establishedby Article 119 of the Rome Statute of the International CriminalCourt, with particular attention paid to whether that provisioncreates any relationship between the International CriminalCourt and the International Court of Justice. The paper firstdiscusses the jurisdictional reach of Article 119, detailingthe types of disputes addressed in its two subsections and themanner in which such disputes are to be handled. Secondly, itfocuses on the possibility of referral of disputes covered inArticle 119(2) to the International Court of Justice. Althoughthe provision expressly contemplates such a referral, it remainsunclear whether the provision adequately supports the jurisdictionof the International Court of Justice in accordance with theStatute of that Court. The paper goes on to suggest ways inwhich the International Criminal Court Assembly of States Partiescan take steps to improve the likelihood that such referralwould be deemed proper in order to enhance the possible andfinal settlement of disputes.     

Judge Wang Chung-hui at the Permanent Court of International Justice

As the predecessor of the International Court of Justice atThe Hague, the Permanent Court of International Justice wasa pioneering institution blessed with brilliant lawyers. Oneof the important figures was Mr Wang Chung-Hui. In 1922, Wangcame to the Permanent Court as his country's foremost jurist;ultimately, he was to exercise notable influence on his colleaguesas well as landmark decisions of the Permanent Court. This articleseeks to introduce Wang Chung-hui as the first Chinese memberof the World Court. Wang's success as an international judgemay suggest that the Permanent Court, and international lawof the period, cannot be distinguished on the ground that itwas peculiarly Eurocentric.     

“保护的责任”：国际法院相关司法实践研究

“保护的责任”自提出以来,迄今已在政治层面获得了广泛的国际共识。在法律层面特别是可操作性层面,国际法院通过对《灭种罪公约》及《消除一切形式种族歧视国际公约》的解释和适用,提出了“作为一种义务存在的干涉”这样一种新观念,强调了所有公约当事国所应承担的“预防责任”,间接地回应了《国家对国际不法行为的责任》条款草案第48条,也从法律实践的角度回应了“保护的责任”,特别是其中的“预防责任”。通过这种回应,就使国家基于“保护的责任”而采取的某些干涉行动具有合法性。这种回应,将会深刻地影响到国家的行为模式。面对这种新发展所带来的挑战,中国有必要调整自身外交策略。     

Reforming the United Nations: What About the International Court of Justice?

In September 2005, the UN General Assembly adopted an ambitiouslist of reforms of the UN structure, mandate and agenda. Ifimplemented, it is going to be the most radical reform of theUN to date. Yet, the International Court of Justice, the principaljudicial organ of the organization, has been largely ignored.This Report suggests that States should take advantage of thereform-mood at the UN to consider also some essential reformsof the ICJ. These include: Should the Security Council be enlarged,then UN member States should consider expanding the membershipof the ICJ, too; judges should not be allowed to be re-electedand their tenure should be increased to 12 years; age limitsshould be introduced; the number of female candidates to beelected should be increased; intergovernmental organizationsshould have capacity to be a party in contentious proceedings;the new Human Rights Council and certain international courtsand tribunals should be given the power to request advisoryopinions.     

国际法院咨询管辖权初探

从常设国际法院到国际法院,其咨询管辖权和“司法性”之间的协调一直是一个难题。要想满意地解决法院当前面临的困境,不必急于扩大有权寻求咨询意见的机构的范围,而必须确保各机构在利用国际法院的咨询管辖权时,更多的是出于解决法律问题的目的而非政治目的。