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Complementarity, Catalysts, Compliance Christian M. De Vos

Complementarity, Catalysts, Compliance By Christian M. De Vos

Complementarity, Catalysts, Compliance by Christian M. De Vos


Summary

An innovative, inter-disciplinary examination of how the International Criminal Court came to be framed as a 'catalyst' for domestic accountability, and its unexpected effects in Uganda, Kenya, and the Democratic Republic of Congo. The book urges a critical rethinking of the ICC's politics and offers concrete recommendations for future practice.

Complementarity, Catalysts, Compliance Summary

Complementarity, Catalysts, Compliance: The International Criminal Court in Uganda, Kenya, and the Democratic Republic of Congo by Christian M. De Vos

Since its establishment at the turn of the century, a central preoccupation of the International Criminal Court (ICC) has been to catalyse the pursuit of criminal accountability at the domestic level. Drawing on ten years of research, this book theorizes the ICC's principle of complementarity as a transnational site and adaptive strategy for realizing an array of ambitious governance goals. Through a grounded, inter-disciplinary approach, it illustrates how complementarity came to be framed as a 'catalyst for compliance' and its unexpected effects on the legal frameworks and institutions of three different ICC 'situation countries' in Africa: Uganda, Kenya, and the Democratic Republic of Congo. Linking complementarity's law and practice to contemporary debates in international law and relations, the book unsettles international law's dominant progressive narrative. It urges a critical rethinking of the ICC's politics and a reorientation towards international criminal justice as a project of global legal pluralism.

Complementarity, Catalysts, Compliance Reviews

'De Vos' careful, rich, and well-informed study of the complementarity regime of the International Criminal Court shines by claiming neither too little nor too much. Illuminating how international justice interacts with national processes in three places, and how the first can catalyze the second, he concludes with a persuasive call to hopeful modesty about expectations.' Samuel Moyn, Henry R. Luce Professor of Jurisprudence and Professor of History, Yale University
'Christian De Vos detoxes the ICC from its demons. He does so gently, respectfully, wisely, and firmly. He delivers the most sophisticated, insightful, and compelling assessment currently available about the ICC and its strained, awkward relationships with others. And, De Vos builds, too, beautifully,by charting a path forward. His book stands tall. It has soul. It flows with roll, pitch, and yaw:De Vos delivers a gleaming must-read.' Mark A. Drumbl, Class of 1975 Professor of Law, Director, Transnational Law Institute, Washington and Lee University
'With an exquisite analysis of the ICC's catalytic impact in Uganda, the Democratic Republic of the Congo and Kenya, Complementarity, Catalysts, Compliance offers a brilliant analysis of the changes in complementarity as we know it. Christian De Vos' rethinking of its role in practice contributes a deeply insightful understanding of the transformation of international justice in the contemporary period. With breadth, depth and analytic innovation, this is a tour de force - a must read in international justice scholarship!' Kamari Clarke, Professor of Anthropology at the University of California, Los Angeles
'De Vos has written an exceptional book. Complementary, Catalysts, Compliance evinces a masterful use of interdisciplinary techniques to illuminate how the International Criminal Court - and the idea of the Court - have been constructed, thwarted, re-imagined and transformed, as well as the dynamic actors and political contexts that have shaped these processes. With unflinching honesty, the booktests the scholar's insights against richly researched and analyzed case studies; these, in turn, provide a rich seedbed for prescription.More than a brilliant intellectual account - though it is surely that - Complementary, Catalysts, Complianceoffers valuable guidance for policy-makers and those who work on the front-lines of post-conflict justice.' Diane Orentlicher, Professor of International Law, American University
'This erudite and insightful book explores a fundamental question: Can international criminal justice be truly global?Deftly exploring the International Criminal Court in light of its potential and parameters, its cases and constraints,De Vos illuminates the tensions a faraway court poses for the workings of rule of law on the ground. A must read for scholars and policy analysts alike.' Ruti Teitel, Ernst C. Stiefel Professor of Comparative Law, New York Law School
'Christian De Vos has done the seemingly impossible: write a book two decades into the ICC's existence that says something new about the Court's foundational principle, complementarity. In this meticulously researched and beautifully written book, De Vos demonstrates that the principle of complementarity has generally catalyzed domestic accountability mechanisms not by policing how states prosecuteinternational crimes, but by encouraging non-state actors to promote - sometimes for good, sometimes for ill - a global norm of accountability. All future work oncomplementarity will have to grapple with this counterintuitive insight.' Kevin Jon Heller, Associate Professor of International Law, University of Amsterdam
'Justice is best done, where possible, at home.That sentiment underlies the idea of complementarity, at the International Criminal Court and elsewhere.De Vos explores the relationship between national legal and political processes and the work of the ICC, grounding his sophisticated analysis and nuanced conclusions in field research as well as legal and political theory. It turns out that the idea of international justice as a catalyst for national justice is more challenging and complicated than first thought.This exploration of those complexities moves the discussion forward, while telling a set of compelling stories about the many paths to justice.' Naomi Roht-Arriaza, Albert Abramson Distinguished Professor of Law, University of California
'Christian De Vos brings fresh insights to the raging debates around the International Criminal Court in Africa. His rigorous analysis of the ICC's operations in Uganda, the DRC and Kenya uncovers rich and surprising findings across these cases, showing how widely the Court's effects have varied depending on the domestic context. As the ICC enters its third decade of operation, his conclusion that the ICC's practice of complementarity has catalysed African civil society much more than national judiciaries - the Court's intended audience - demands urgent consideration.' Phil Clark, Professor of International Politics, SOAS University of London
' De Vos manages to capture the political dimensions of prosecution efforts for serious crimes as few have done before him. His study is a fascinating account of how complementarity has taken on multiple identities over the last decade. It plunges us into the meander of internal and external factors that have successively influenced these multiple identities. The study reveals how each of these identities, in turn, influenced the behavior of actors involved in national prosecution efforts. The most original contribution of his study lies in the revelation of the versatility of complementarity If complementarity allows the ICC to project its proverbial shadow, this book urges us to consider the source of its light.' Pascal Kambale, Senior Advisor, Africa Regional Office, Open Society Foundations
'Complementarity, Catalysts, Compliance is a welcome and significant contribution to the literature on the International Criminal Court and international justice more broadly it would be wise for practitioners of international justice to read [this book], draw on its lessons and insights, and direct their efforts accordingly.' Stephanie Williams, New York University Journal of International Law and Politics
' this beautifully written book offers its readers a very rich analysis of the socio-political context of complementarity and implementation of the Rome Statute. It is highly recommended to any person interested in how international and local actors interact in the repression of mass atrocity crimes.' Bernard Ntahiraja, Nordic Journal of Human Rights

About Christian M. De Vos

Christian M. De Vos is a senior advocacy officer with the Open Society Justice Initiative. He has worked as a human rights advocate, attorney, and researcher for organizations including Amnesty International, the United States Institute of Peace, the War Crimes Research Office, and Leiden University's Grotius Centre for International Legal Studies. He previously clerked for the United States Court of Appeals for the Second Circuit. He has published in a number of leading academic journals and was a coeditor of the volumeContested Justice: The Politics and Practice of International Criminal Court Interventions (with Sara Kendall and Carsten Stahn, 2015). A graduate of American University, Washington College of Law (J.D.) and Leiden University (Ph.D.), De Vos is a member of the New York Bar and was a term member of the Council on Foreign Relations.

Table of Contents

1. Introduction; Part I. The ICC and Complementarity: Evolutions, Interpretations, Implementation: 2. Tracing an idea, constructing a norm: complementarity as a catalyst; 3. Mirror images? Complementarity in the courtroom; 4. Leveraging the Hague: complementarity and the Office of the Prosecutor; Part II. The ICC in Uganda, Kenya, and the Democratic Republic of Congo: 5. Compliance and performance: implementation as domestic politics; 6. Competing, complementing, copying: domestic courts and complementarity; 7. Catalysing opportunity: complementarity and domestic proceedings; 8. Conclusions and recommendations.

Additional information

NPB9781108472487
9781108472487
1108472486
Complementarity, Catalysts, Compliance: The International Criminal Court in Uganda, Kenya, and the Democratic Republic of Congo by Christian M. De Vos
New
Hardback
Cambridge University Press
2020-04-23
384
N/A
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