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Conceptual distinctions between the ICJ project and its constituent processes: A Reply to Brad Roth and Ken Anderson

 Amrita Kapur is a Consultant with the International Development Law Organization, and recently appointed as the International Advisor to the Women’s Justice Unit of the Judicial System Monitoring Programme in Dili, East Timor.  She has previously worked at the International Center for Transitional Justice, the International Criminal Court, and as a domestic prosecutor and Legal Aid criminal defence lawyer. In this post she responds to the article by Ken Anderson “The Rise of International Criminal Law: Intended and Unintended Consequences” and a recent post by Brad Roth Professors Anderson and Roth accurately characterize the disparity between international criminal law (ICL) rhetoric and the continuing tolerance of impunity as hypocrisy with the worst kind of consequences.  However, their predictive speculations overlook important distinctions between ICL and humanitarian intervention, including historical context and the underlying catalysts for their continuing evolution. Roth’s response highlights the confluence of the two, but ultimately seeks to conflate their objectives and neglects emerging trends: in so doing, he fails to address the inherent shortcomings of the international…

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What Exactly Internationalizes an Internal Armed Conflict?

I’d like to turn our readers’ attention to the comment thread of Constantin’s post, which has raised a fascinating issue – when does an internal armed conflict become internationalized? I'd like to add a few thoughts of my own, first on some matters of definition. We first need to agree on what the ‘internationalization’ of an internal armed conflict…

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Discussion of Anderson’s “The Rise of International Criminal Law: Intended and Unintended Consequences”

Over the next few days we will be discussing the article published by Prof. Ken Anderson “The Rise of International Criminal Law: Intended and Unintended Consequences” in EJIL’s 20th Anniversary Symposium (last year) on the Use of Force. In the abstract to the article, Prof. Anderson states that: The rise of…

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Les extrêmes se touchent: Anxieties about International Criminal Law from Poles Apart

Brad Roth is Associate Professor of Poitical Science at Wayne State University. He specializes in political and legal theory, American and comparative public law, and international law. In this post, he reflects on an EJIL article, "The Rise of International Criminal Law: Intended and Unintended Consequences," by Professor Kenneth Anderson published in one of EJIL's Twentieth…

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German Federal Prosecutor Terminates Investigation Against German Soldiers With Respect to NATO Air Strike in Afghanistan

Constantin von der Groeben is a Ph.D. candidate at the University of Cologne, Germany and a LL.M. candidate at NYU School of Law. His Ph.D. deals with the applicability of the Laws of Armed Conflict to the War on Terrorism. He is a fellow of the Studienstiftung des deutschen Volkes (German National Academic Foundation). Last…

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