Launch Conference: Assessing the Impact of the International Criminal Court
5 mei 2011 - 6 mei 2011
Leiden University - Campus Den Haag
This conference is related the theme of "Post-Conflict Justice and Local Ownership", which is supported by the Netherlands Organization for Scientific Research (NWO) and part of the thematic NWO research on Conflict and Security.
The anticipated closing of the ad hoc and hybrid tribunals, combined with the expanding jurisdiction and practice of the International Criminal Court, offers an important opportunity to step back and critically assess the social and legal impact of the Court's prosecutions and investigations on local populations and jurisdictions. Indeed, because the ICC's jurisdiction is complementary to that of domestic legal systems, there is an acute need to revisit the modalities and timing of legal reform and international justice in light of the priorities, interests, and expectations of local constituencies and actors.
This conference will critically assess the local impact of international justice interventions, and the methodologies underlying such endeavours. It will address four core themes.
(1) The conceptualisation of the ‘local’ in justice interventions, and approaches towards 'local ownership'
Who are the 'locals' in the context of the ICC? How are their interests articulated and how can they be taken into account? Can we speak of a unitary ‘local’ or are there multiple locals? How might the distinction between conflict and post-conflict situations shape what local interests are perceived to be? To what extent can judicial intervention promote ‘ownership’ as an objective? How might ownership of the ICC’s work be conceived in relation to the state, to domestic political elites, to affected communities, and/or customary legal authorities? What is the relationship between ‘individual’ and ‘collective’ interests? How do these distinctions figure in the ICC’s work thus far, and how might they inform the Court’s approach to reparations in the future?
(2) The social and political impact of justice interventions on domestic societies
What effects are ICC interventions perceived to have had on domestic societies? Does the manner of intervention—self-referral, proprio motu investigation, or Security Council referral—affect how the Court is perceived by local actors? What expectations have local communities had of ICC intervention efforts? To what extent have these expectations been met and how have they fallen short? How has the ICC sought to explain its activities to local communities and what has been the effect of these efforts on understanding the Court’s work? How might the ICC draw upon the experiences of other criminal tribunals (ad hoc and hybrid tribunals) to effectively engage with local communities?
(3) The impact of international justice on domestic judiciaries and legal systems
What measures has the ICC taken to engage with local actors, and/or to promote engagement with national justice institutions? To what extent has the Rome Statute been used as basis for national-level prosecution efforts? How have its provisions been interpreted at the local level?
What techniques have been used to foster the implementation of international criminal law within domestic criminal codes? Should states be allowed a margin of discretion in adapting international criminal standards to local legal tradition and circumstances?
(4) Methods and methodology
Is it possible to identify impact measurement criteria for international criminal justice interventions? Who should be responsible for developing these criteria? What types of “indicators” of impact at the local level should be taken into account? What risks might be posed by the use of such indicators? What methods have been used to determine impact and interests? What techniques and research instruments have been used to collect such data? What criticisms have been made of existing qualitative and/or quantitative impact studies? How might these critiques animate future empirical research?
To that end, the University of Leiden-Campus The Hague and the Grotius Centre for International Legal Studies are pleased to host a launch conference for the Post-Conflict Justice and 'Local Ownership' project. This two-day conference will take place on May 5-6, 2011. The first day will be held in the Stichthage Building of Campus Den Haag (adjacent to The Hague's Central Station); the second will take place in the campus' building on Lange Houststraat (a ten minute walk from the station). Panels will address the following topics:
- Conceptualizing 'Local' Justice at the International Criminal Court
- Political Implications of ICC Interventions
- Social Implications of International Criminal Justice
- Civil Society Roundtable
- Influence and Implementation of the Rome Statute
- Complementarity in Critical Perspective
- Keynote remarks by Ruti Teitel, Ernst C. Steifel Professor of Law at New York Law School
- Closing roundtable (moderated by Pierre Hazan)
View the programme of the conference. For further information, see
http://www.grotiuscentre.org/pcjconference.aspx
The conference is free and open to all. To register, please e-mail your name, professional affiliation, and contact information (phone and email) to pcj@cdh.leidenuniv.nl. Please also indicate whether you will be attending the first or second day of the conference, or both. Registration must be received no later than Friday, April 29, 2011.
Please note that because there is no registration fee, the organizers will not be able to provide lunch for conference attendees.