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The Justice Laboratory

International Law in Africa

Examining how international criminal law has—and hasn’t—brought justice following war crimes in Africa Ever since World War II, the United Nations and other international actors have created laws, treaties, and institutions to punish perpetrators of genocide, war crimes, and crimes against humanity. These efforts have established universally recognized norms and have resulted in several high-profile convictions in egregious cases. But international criminal justice now seems to be a declining force—its energy sapped by long delays in prosecutions, lagging public attention, and a globally rising authoritarianism that disregards legal niceties. This book reviews five examples of international criminal justice as they have been applied across Africa, where brutal civil conflicts in recent decades resulted in varying degrees of global attention and action. The first three chapters examine key international mechanisms: the International Criminal Court, the International Criminal Tribunal for Rwanda, and the hybrid tribunal established in Senegal to try state crimes committed in Chad. These chapters illustrate how the design and practice of the institutions led to similarly unexpected and unsatisfying outcomes. The final two chapters examine emerging and proposed international criminal justice mechanisms. One is a tribunal intended to facilitate peace in the new but war-torn country of South Sudan, not yet operational and unlikely to perform better than its predecessors. Finally, the book considers the developing human rights practice of the little-studied East African Court, a regional commercial court in Arusha, Tanzania, to show how local judicial creativity can win a role for courts in facilitating good governance. Written in an accessible style, this book explores the connections between politics and the doctrine of international criminal law. Highlighting little-known institutional examples and under-discussed political situations, the book contributes to a broader international understanding of African politics and international criminal justice, as well as the lessons the African experiences offer for other regions.

This book reviews five examples of international criminal justice as they have been applied across Africa, where brutal civil conflicts in recent decades resulted in varying degrees of global attention and action.

Model(ing) Justice

Perfecting the Promise of International Criminal Law

The International Criminal Tribunal for the former Yugoslavia (ICTY) was the first and most celebrated of a wave of international criminal tribunals (ICTs) built in the 1990s and designed to advance liberalism through international criminal law. Model(ing) Justice examines the practice and case law of the ICTY to make a novel theoretical analysis of the structural flaws inherent in ICTs as institutions that inhibit their contribution to social peace and prosperity. Kerstin Bree Carlson proposes a seminal analysis of the structural challenges to ICTs as socially constitutive institutions, setting the agenda for future considerations of how international organizations can perform and disseminate the goals articulated by political liberalism.

Model(ing) Justice examines the practice and case law of the ICTY to make a novel theoretical analysis of the structural flaws inherent in ICTs as institutions that inhibit their contribution to social peace and prosperity.

Model(ing) Justice

Perfecting the Promise of International Criminal Law

Considers the ICTY to demonstrate illiberal practices of international criminal tribunals, and proposes a return to process to protect the rule of law.

Considers the ICTY to demonstrate illiberal practices of international criminal tribunals, and proposes a return to process to protect the rule of law.