Adapting International Criminal Justice in Southeast Asia: Beyond the International Criminal Court

This book explores how international criminal law is adapted across time and space in Southeast Asia, focusing on engagement with international criminal justice in Cambodia, the Philippines, Indonesia, and Myanmar. It proposes a shift in focus towards recognizing the opportunities and expertise presented by existing adaptive responses to international crimes.

Format: Paperback / softback
Length: 347 pages
Publication date: 29 September 2022
Publisher: Cambridge University Press

International criminal law (ICL) is a complex and evolving field that adapts to the changing dynamics of time and space. It encompasses the legal framework for prosecuting atrocity crimes, such as genocide, war crimes, and crimes against humanity, across national borders. This adaptation is driven by a variety of factors, including the need to address the unique challenges posed by these crimes, the desire to promote accountability and justice, and the need to foster international cooperation.

One of the key ways in which ICL adapts to time and space is through the development of international criminal tribunals. These tribunals are designed to investigate and prosecute individuals responsible for the most serious international crimes. Examples include the International Criminal Tribunal for the Former Yugoslavia (ICTY) and the International Criminal Court (ICC). These tribunals have played a crucial role in bringing perpetrators of atrocity crimes to justice and promoting the rule of law.

In addition to international criminal tribunals, ICL adapts to time and space through the development of national legal systems and institutions. National courts and legislatures are increasingly responsible for prosecuting international crimes, particularly those that occur within their borders. This adaptation is driven by the need to ensure that victims of these crimes receive justice and that the perpetrators are held accountable.

ICL also adapts to time and space through the use of regional and sub-regional mechanisms. These mechanisms are designed to address the specific challenges posed by international crimes in particular regions or sub-regions. Examples include the Southeast Asian Regional Forum (SEARF) and the African Union's Mechanism for the Prevention and Resolution of Conflict (AMISOM). These mechanisms promote cooperation and coordination among countries in the region in order to address and prosecute international crimes.

Another important way in which ICL adapts to time and space is through the development of international legal standards and norms. These standards and norms are designed to guide the conduct of individuals and states in the prosecution of international crimes. Examples include the Rome Statute of the International Criminal Court and the United Nations Convention against Torture. These standards and norms provide a framework for the interpretation and application of ICL and help to ensure that it is applied consistently and fairly.

In addition to these adaptation mechanisms, ICL is also influenced by a variety of political, social, and cultural factors. These factors include the interests of states, the power dynamics between states, and the attitudes and beliefs of individuals and communities. For example, the prosecution of international crimes may be influenced by the political interests of states, the desire to avoid international embarrassment, or the need to promote national security.

Overall, ICL adapts to the changing dynamics of time and space through a variety of mechanisms, including international criminal tribunals, national legal systems, regional and sub-regional mechanisms, and the development of international legal standards and norms. These adaptations are driven by a variety of factors, including the need to address the unique challenges posed by these crimes, the desire to promote accountability and justice, and the need to foster international cooperation.

Which actors are involved in prosecuting atrocity crimes, and how do they seek to do so?

Prosecuting atrocity crimes is a complex and multifaceted process that involves a range of actors, including national governments, international organizations, and civil society. Here are some of the key actors involved in prosecuting atrocity crimes and how they seek to do so:

National Governments: National governments are responsible for enforcing domestic laws and regulations and for investigating and prosecuting crimes that occur within their borders. They may also cooperate with international organizations and other states to investigate and prosecute atrocity crimes. National governments may also establish national institutions, such as national human rights commissions or war crimes tribunals, to investigate and prosecute atrocity crimes.

International Organizations: International organizations, such as the United Nations (UN) and the International Criminal Court (ICC), play a critical role in prosecuting atrocity crimes. These organizations are responsible for establishing and enforcing international legal standards and norms and for providing technical assistance and support to national governments in investigating and prosecuting atrocity crimes. International organizations may also establish special tribunals or mechanisms to investigate and prosecute atrocity crimes, such as the Special Court for Sierra Leone (SCSL) and the Extraordinary Chambers in the Courts of Cambodia (ECCC).

Civil Society: Civil society organizations, such as human rights groups, legal clinics, and grassroots organizations, play a critical role in prosecuting atrocity crimes. These organizations may provide legal assistance and support to victims of atrocity crimes, collect evidence and documentation, and advocate for the prosecution of atrocity crimes. Civil society organizations may also play a role in raising awareness about atrocity crimes and promoting accountability and justice.

Private Actors: Private actors, such as corporations and financial institutions, may also play a role in prosecuting atrocity crimes. These actors may be responsible for funding or supporting atrocity crimes, such as through the provision of financial services or the sale of goods and services to regimes that commit atrocity crimes. Private actors may also be responsible for facilitating the transfer of funds or resources to regimes that commit atrocity crimes.

In addition to these actors, prosecuting atrocity crimes requires a coordinated and collaborative effort. This effort involves a range of stakeholders, including national governments, international organizations, civil society organizations, private actors, and victims of atrocity crimes. Coordinated and collaborative efforts are essential to ensure that atrocity crimes are investigated and prosecuted effectively and that victims receive the justice they deserve.

One of the key challenges in prosecuting atrocity crimes is the lack of evidence and the difficulty of accessing evidence in conflict zones. This challenge is particularly significant in cases involving genocide, war crimes, and crimes against humanity, which often occur in remote and inaccessible areas. To address this challenge, national governments, international organizations, and civil society organizations may work together to collect evidence and documentation and to provide technical assistance and support to national governments in investigating and prosecuting atrocity crimes.

Another challenge in prosecuting atrocity crimes is the lack of political will and the resistance of governments to investigate and prosecute atrocity crimes. This challenge is particularly significant in cases involving genocide, war crimes, and crimes against humanity, which often involve powerful and influential actors who may be resistant to accountability and justice. To address this challenge, national governments, international organizations, and civil society organizations may work together to promote political will and to build capacity within national governments to investigate and prosecute atrocity crimes.

In addition to these challenges, prosecuting atrocity crimes requires a commitment to accountability and justice. This commitment involves a range of stakeholders, including national governments, international organizations, civil society organizations, private actors, and victims of atrocity crimes. It involves a commitment to ensuring that perpetrators of atrocity crimes are held accountable for their actions and that victims receive the compensation and support they need to rebuild their lives.

In conclusion, prosecuting atrocity crimes is a complex and multifaceted process that requires a range of actors, including national governments, international organizations, civil society organizations, private actors, and victims of atrocity crimes. These actors work together to investigate and prosecute atrocity crimes, promote accountability and justice, and ensure that victims receive the compensation and support they need to rebuild their lives. However, prosecuting atrocity crimes is a challenging and complex process that requires a coordinated and collaborative effort.

ISBN-13: 9781009305853