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Conclusions

  • Julie McBride
Chapter

Abstract

The final chapter provides a summary of the conclusions reached, and offers final thoughts on a number of ancillary issues. These include the issue of child witness testimony. Studies have shown that children are significantly less capable than adults of retaining memories, which has profound consequences for the reliability of their testimony. In addition, the danger of incurring further trauma by reliving painful experiences in an unfamiliar courtroom setting, combined with the personal risk often involved in testifying, renders the process incredibly sensitive. The Special Court for Sierra Leone and the International Criminal Court have responded to these concerns in differing ways, which are outlined and assessed. The tripartite role played by civil society in the crime development is also discussed. International NGOs lobbied hard for children’s rights during the drafting of the human rights framework and the Rome Statute; acted as a source of valuable evidence for the judgements and decisions undertaken by the two tribunals and exercised ‘considerable moral authority’ in promoting the rights of those accused of war crimes. The chapter concludes with an assessment of the potential deterrent capacity of criminalisation of international law.

Keywords

International Criminal Rome Statute Trial Chamber Child Soldier Joint Criminal Enterprise 
These keywords were added by machine and not by the authors. This process is experimental and the keywords may be updated as the learning algorithm improves.

References

  1. Akhavan P (2008) Justice in The Hague, Peace in the former Yugoslavia? A commentary on the United Nations War Crimes Tribunal. Hum Rights Q 20:737Google Scholar
  2. Berliner L, Barbieri MK (1984) The testimony of the child victim of sexual assault. J Soc Issues 40:125CrossRefGoogle Scholar
  3. Brody RS (1984) Crime, science, and morals. Routledge & Kegan Paul, LondonGoogle Scholar
  4. Cassese A (2007) The proper limits of individual responsibility under the doctrine of joint criminal enterprise. J Int Crim Justice 5:110Google Scholar
  5. Clarkson CMV (2005) Understanding criminal law. Sweet & Maxwell, LondonGoogle Scholar
  6. Drumbl M (2003) Towards a criminology of international crime. Ohio State J Dispute Resolut 19:263Google Scholar
  7. Ellison L (2001) The adversarial Process and the vulnerable witness. Oxford University Press, OxfordGoogle Scholar
  8. Engvall L (2007) The future of extended joint criminal enterprise—will the ICTY’s innovation meet the standards of the ICC? Nord J Int Law 76:241CrossRefGoogle Scholar
  9. Goldstone RJ, Fritz N (2000) “In the Interests of Justice” and independent referral: the ICC Prosecutor’s unprecedented powers. Leiden J Int Law 13:655Google Scholar
  10. Manacorda S, Meloni C (2011) Indirect perpetration versus joint criminal enterprise: concurring approaches in the practice of international criminal law? J Int Crim Justice 9:159CrossRefGoogle Scholar
  11. Marsh I, Keating M (2006) Sociology: making sense of society. Pearson Education, LondonGoogle Scholar
  12. Mendes E (2011) Peace and justice at the International Criminal Court: a court of last resort. Edward Elgar Publishing, CheltenhamGoogle Scholar
  13. Norrie A (2001) Crime, reason and history: a critical introduction to criminal Law. Cambridge University Press, New YorkGoogle Scholar
  14. Park ASJ (2010) Child soldiers and distributive justice: addressing the limits of law? Crime Law Soc Change 53:329CrossRefGoogle Scholar
  15. Sacouto S, Cleary K (2007) The gravity threshold of the International Criminal Court. Am Univ Int Law Rev 23:807Google Scholar
  16. Weigend T (2008) Intent, mistake of law, and co-perpetration in the Lubanga Decision on confirmation of charges. J Int Crim Justice 6:471Google Scholar
  17. Wippman D (1999) Atrocities, deterrence, and the limits of international justice. Fordham Int Law J 23:473Google Scholar

Copyright information

© T. M. C. Asser press, The Hague, The Netherlands, and the author 2014

Authors and Affiliations

  1. 1.AmsterdamThe Netherlands

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