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

Published on May 4, 2010        Author: 

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 international criminal law has been one of the remarkable features of international law since 1990. One of the less-explored questions of international criminal law is its social effects, within the international community and the community of public international law, in other parts and activities of international law. In particular, what are the effects of the rise of international criminal law and its emerging system of tribunals on the rest of the laws of armed conflict? What are the effects upon apparently unrelated aspects of humanitarian and human rights law? What are the effects upon other large systems and institutions of public international law, such as the UN and other international organizations? As international criminal law has emerged as a visible face of public international law, has it supplanted or even ‘crowded’ other aspects and institutions of public international law? This brief article offers a high-altitude, high-speed look at the effects of international criminal law on other parts of public international law and organizations.

Below is a response to by Prof. Brad Roth. In his post Prof. Roth responds not only to Ken Anderson’s article but also engages with the response to that article by Amrita Kapur, published in issue 4 of the 2009 vol. of EJIL.

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