Child Witnesses and the International Criminal Justice System: Does the International Criminal Court Protect the Most Vulnerable?

While warfare has always caused human suffering, modern armedconflicts have been synonymous for the deliberate and systematicattacks on non-combatants, many of whom are children. As theyoften possess the best and sometimes only evidence of a particularcrime, it is likely that children will be asked to testify beforethe International Criminal Court. Given that they are the mostvulnerable of all witnesses, the Rome Statute contains variousprovisions designed to protect the interests of children. Whilethe Court's witness protection regime will help reduce the stressand trauma associated with giving evidence, various improvementscould be made to ensure that children are provided with thenecessary protection that their susceptible status requires.     

The Caribbean Court of Justice: a learning experience for the International Criminal Court?

This article starts by examining the role of Small States in the development of the International Criminal Court (ICC). It then surveys the functioning and administration of the ICC before proceeding to draw on key lessons for this Court, including on the election of judges and financing, from the Caribbean Court of Justice.     

Expanding the Boundaries of Criminal Justice: Emphasizing the “S” in the Criminal Justice Sciences through Interdisciplinary Efforts

At its very core, the phrase “criminal justice sciences” points to the interdisciplinary nature of our field. However, efforts to promote and support interdisciplinary teaching and research face significant barriers. In this paper, I address how interdisciplinarity is conceptualized, the history of criminal justice as an interdisciplinary field, why we should promote interdisicplinarity, barriers we confront in interdisciplinary efforts, the degree to which ACJS members engage in interdisciplinary practices, factors related to interdisciplinarity, and opportunities for increased interdisciplinary research in criminal justice. To grow as an academic field, I conclude that we must look to other disciplines such as biology, computer science, policy, and women’s studies as we expand our disciplinary boundaries.     

The Pinochet Case: International Criminal Justice in the Gothic Style?

Book reviewed in this article:
Woodhouse, Diana (ed), The Pinochet Case: A Legal and Constitutional Analysis     

New Paths in International Criminal Justice?: The Internal Rules of the Cambodian Extraordinary Chambers

The Internal Rules of the Cambodian Extraordinary Chambers adoptedin June 2007 provide some insight into how a non-adversarialsystem might work in the context of a hybrid tribunal with jurisdictionover both domestic and international crimes. This approach presentsvarious novelties, especially with respect to the pre-trialand trial stages of the proceedings, and provides an exampleof integration into a domestic non-adversarial system of principlesderived from international criminal procedure.     

Who is Afraid of Punishing Aggressors?: On the Double-Track Approach to International Criminal Justice

Since 1947, no alleged crime of aggression has ever been prosecuted,in spite of the many instances in which states have committedacts of aggression with the Security Council sometimes deemingan act to be such. A dual system of international criminal justicehas taken shape slowly. Crimes consisting of serious violationsof jus in bello, that is, war crimes, usually considered lessegregious than the crime of aggression, have been severely prosecutedand punished, in particular by the International Criminal Tribunalfor the former Yugoslavia (ICTY). Yet, the ‘supreme internationalcrime’ — aggressive war — mostly committedby political and military authorities of major powers, has beenignored and its perpetrators still occupy the summit of internationalpower undisturbed.     

Criminal Justice Reform and the System’s Efficiency

This article discusses key issues that affect the efficiency and credibility of criminal justice systems. It discusses the consequences of an ineffective criminal justice system, which include unnecessary delays within the court process, ‘cracked’ or ‘collapsed’ trials, and lack of public confidence. It notes that a successful system must contain strategic, integrated, and sustainable mechanisms that enhance the entire criminal justice process. The article examines a number of initiatives taken by various countries, noting the measurable and sustainable results, while also suggesting ways that these programs could be improved. Finally, the author notes the importance of measuring the outcomes and impact of the suggested initiatives in an effort to promote transparency and accountability, as well as effectively record successful strategies.     

Criminal Justice “Hollywood Style”: How Women in Criminal Justice Professions Are Depicted in Prime-Time Crime Dramas

With the abundance of prime-time crime dramas on television, it is imperative that researchers examine how female criminal justice professionals are depicted in the world of fiction versus in reality. In this study, a content analysis of 10 prime-time television crime dramas was conducted. Of the 69 characters observed, female criminal justice professionals were portrayed as young, White, and single. Female characters were more provocatively dressed, and they also were more likely to be victims of crime. Unlike previous studies that showed that female characters were underrepresented on prime-time television, here women were overrepresented as crime scene investigators, detectives, and special agents. Stereotypical images of women as subordinate, nurturing, affectionate, and sexually attractive still prevail. However, compared to their male counterparts, female characters were equally assertive, self-confident, and competitive.     

Once a Criminal, Always a Criminal?: ‘Redeemability’ and the Psychology of Punitive Public Attitudes

Several studies have sought to link punitive public attitudes to attribution style and/or lay theories of crime. This research finds that those who believe criminal acts are the result of freely chosen and willful behavior are more likely to be punitive than those who feel crime is the result of external circumstances and constraints. These analyses focus on only one dimension of attributions: locus of control (internal/external). In this analysis, we include a second dimension, thought to be a better predictor of attitudes in social psychological research: stability/instability. In addition to measuring lay theories of crime causation, we also test for “belief in redeemability” (or beliefs about the ability of deviants to change their ways). Our hypothesis is that this other dimension of personal attributions (stability/instability) may be as critical in explaining support for highly punitive criminal justice policies as beliefs about criminal responsibility. We find evidence supportive of this model in an analysis of data from postal survey of residents of six areas in England.     

Low Self‐Control and Contact with the Criminal Justice System in a Nationally Representative Sample of Males

Prior research on law enforcement and court system actions suggests that offender demeanor influences practitioner decision making. However, few studies have examined a key implication of this body of work—namely, criminogenic factors associated not only with offending but also with demeanor may result in a greater likelihood of contact with and formal processing by law enforcement and the courts. Using data from the National Longitudinal Study of Adolescent Health, we test the hypothesis that low self‐control, which is associated with a range of characteristics that might influence practitioner perceptions of individual offenders’ demeanors, will predict greater contact and formal processing. Briefly, we found that low self‐control was consistently related to criminal justice system involvement as measured by police contacts, arrests, age at first police contact, and arrest onset. The implications of the findings for theory and research are discussed.     

The International Criminal Court and Mali: Towards More Transparency in International Criminal Law Investigations?

The author takes a closer look at the Situation in Mali and the Office of the Prosecutor (OTP)’s initiation of full investigations on the basis of article 53(1) ICC Statute. In accordance with OTP Regulation 29(1), the OTP produces so-called ‘article 53’ reports that analyze the legal position in conflict situations that are under pre-investigation against the background of the following legal criteria: jurisdiction; admissibility; and the interest of justice. These reports give an analytical basis for the Chief Prosecutor to render a positive or negative decision on whether a certain conflict reaches the level of formal criminal investigations. In Mali, the Chief Prosecutor took the fast lane, passing by several other situations that have been under pre-investigation for a longer period of time. To a certain extent, as will be outlined in this contribution, this can be explained by the self-referral mechanism and certain particularities in Mali. However, some selective choices remain the OTP’s mystery, covert due to the nebulosity of ‘gravity’.     

Exploring the “Lost and Found” of Justice Theory and Research

Scientific interest in the nature of how people think about justice and fairness began approximately 70 years ago with Stouffer’s classic study on the American soldier. Since then there have been numerous theoretical frameworks and thousands of research studies conducted on what people perceive as fair and the consequences of making a fairness judgment. The goal of this article is to dig through the “lost and found” box of justice research in an attempt to re-examine where we have been, issues and ideas we may have forgotten, and to gain insight on directions we may want to go in the future. The key rediscovery of this review is that perspective matters. Specifically, how people interpret fairness depends critically on whether they are viewing a situation in terms of their material, social, or moral needs and goals. The implications of adopting a contingent theory of how people reason about fairness are discussed.

Prosecuting international crimes at the International Criminal Court: is there a coherent and comprehensive prosecution strategy?

The authors analyze the so far published selection and strategy papers of the Office of the Prosecutor (“OTP”) of the International Criminal Court (“ICC”) with a view to their consistency, coherence and comprehensiveness. Given the high number of communications and referrals to the ICC a focused strategy setting out the criteria for situation and case selection and prioritization should be one of the priorities of the Prosecutor. Thus far the Office has developed a strategic framework guided by four fundamental principles: focused investigations, positive complementarity, the interests of the victims and the impact of the OTP’s work. These four principles are critically evaluated by the authors in light of the ICC Statute and existing case law. In particular the positive complementarity approach, focusing on the cooperation with national jurisdictions and enhancing their own capacity to prosecute, is to be welcomed and reflects a realistic prosecutorial policy approach. The cooperation between the OTP and Germany in the prosecution of the leadership of the FDLR is a good case in point. Only such a close interaction with national jurisdictions enables the ICC to contribute to the further closing of the impunity gap. Yet, the OTP must still more precisely define its position with regard to the criteria used for the selection of situations and cases. Thus, a priority for the new Prosecutor should be the drafting of a more precise and comprehensive strategy, integrating the already existing policy and strategy papers as well as drawing on lessons learned.