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Justice in ConflictThe Effects of the International Criminal Court’s Interventions on Ending Wars and Building Peace$
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Mark Kersten

Print publication date: 2016

Print ISBN-13: 9780198777144

Published to Oxford Scholarship Online: August 2016

DOI: 10.1093/acprof:oso/9780198777144.001.0001

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The ICC as an Actor—Negotiating Interests, Selecting Targets, and Affecting Peace

The ICC as an Actor—Negotiating Interests, Selecting Targets, and Affecting Peace

Chapter:
(p.162) 8 The ICC as an Actor—Negotiating Interests, Selecting Targets, and Affecting Peace
Source:
Justice in Conflict
Author(s):

Mark Kersten

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780198777144.003.0008

Chapter 8 seeks to answer the question: why does the ICC have the effects that it does on peace, justice and conflict processes? This chapter outlines the relationship between the ways in which the ICC is requested to intervene in ongoing conflicts, the subsequent decision-making of the OTP in deciding which parties to target for prosecution, and the consequent effects of the ICC on peace, conflict and justice processes. The central argument is that the ICC is guided by a negotiation between its own institutional interests and those of the political actors upon which the Court depends. This negotiation of interests has led the OTP to regularly only targeting on one side of the war whilst neglecting the other. Ultimately, the selective prosecution of one side of a conflict determined how the Court affects peace, justice and conflict processes in Libya, northern Uganda—and beyond.

Keywords:   International Criminal Court, international organizations, conflict resolution, northern Uganda, Lord’s Resistance Army

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