| ID | 133151 |
| Title Proper | To prosecute or not to prosecute |
| Other Title Information | civil war mediation and international criminal justice |
| Language | ENG |
| Author | Greig, J. Michael ; Meernik, James D |
| Publication | 2014. |
| Summary / Abstract (Note) | The International Criminal Court (icc) came into force in July 2002 with the potential to drastically alter both the war fighting and peacemaking behavior of states. The icc is designed to try and subsequently punish those found guilty of war crimes, crimes against humanity, and genocide. Supporters of the icc have argued that its establishment will erode the norm of impunity that state and military leaders have historically enjoyed. Yet, another logic suggests that the initiation of an icc investigation or the issuance of an arrest warrant for individuals embroiled in an ongoing dispute may make matters worse. Such individuals may see little reason to stop fighting and reach a settlement if conflict resolution results in their detention in The Hague. Indeed, suspected war criminals and their patrons may wish to escalate their violence in order to avoid showing any sign of weakness or possibility of capitulation lest their enemies press the fight or their rivals seek to undermine their authority. In this article, we explore the potential impact of the icc on the likelihood of peace by examining the impact of actions by the icc - the initiation of investigations into conflict situations and the issuance of arrest warrants for those suspected of committing violations of international law - on the likelihood of mediation. Our findings suggest that while icc arrest warrants can encourage mediation, the initiation of investigations by the icc can actually undermine the occurrence of mediation. |
| `In' analytical Note | International Negotiation Vol.19, No.2; 2014: P.257-284 |
| Journal Source | International Negotiation Vol.19, No.2; 2014: P.257-284 |
| Key Words | Transitional Justice ; Conflict Management ; Mediation ; International Criminal Court - ICC ; War Crimes ; Civil War ; Peacemaking Behavior ; War Crime ; Military Leaders |