Peace versus justice : Aspects of ICC prosecutions during ongoing conflict

Abstract

On 17 July 1998, the states gathered at the Rome Conference adopted the Rome Statute of the International Criminal Court (ICC). This day marked the beginning of a new era in international law and has had far reaching implications for the conduct of international relations (IR). By virtue of being a permanent institution, the ICC poses a new conceptual challenge, because it is the first international war crimes tribunal, which will regularly be active during ongoing conflict.The declared goal of the ICC is to put an end to impunity. In situations where the ICC is involved, mediators do not have the option of offering amnesties as an incentive for the successful conclusion of peace negotiations. This has led to a polarization of the aims of peace and of justice . In the so-called peace versus justice debate proponents and opponents of the ICC have exchanged heated arguments over the merits of international criminal prosecutions. In particular critics of the ICC have made emotional appeals and accused the ICC of being an immediate impediment for the successful conclusion of peace negotiations. A growing number of scholars, policy makers, mediators and NGO advocates, however, stress the positive contributions the ICC has made to the cause of peace.Since all of the conflicts where the Court is currently involved are still ongoing and not a single trial has begun, a comparative case study aimed at drawing causal inferences about the contribution of the ICC to peace processes is not yet possible at this stage. However, first empirical observations and the peace versus justice debate are indicative of the fact that the Court exercises significant influence on peace processes, today. Insufficient data can thus be no justification to refrain from tackling the issue of whether the ICC supports or disrupts peace processes.The first objective of this study is to conceptualize the peace versus justice debate from the point of view of international relations (IR) theory. This will delineate areas for future research, including through case studies and quantitative methods, once a number of cases has been concluded. Secondly, the study is intended to serve as a point of departure for future research on the ICC s influence on peace processes. To this end a set of new hypotheses will be suggested on the basis of a survey, which was conducted among a group of select experts.