CALL FOR PAPERS Seven Decades After Nuremberg: Developments in International Criminal Law and International Criminal Justice



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John-Mark Iyi (University of Johannesburg) and Avitus Agbor (North-West University, Mafikeng)

CALL FOR PAPERS Seven Decades After Nuremberg: Developments in International Criminal Law and International Criminal Justice 2 CONCEPT NOTE At the conclusion of the Second World War, leading statesmen and international law experts entertained different views on what to do with the perpetrators of the atrocities in Europe and the Far East. Deliberations and concessions made resulted in the establishment of the International Military Tribunal, Nuremberg, whose Charter was annexed to the London Agreement of August 8, 1945. In subsequent months, the trial of major war criminals took place at Nuremberg. This was followed by the enactment of the Allied Control Council Law No. 10, a municipal legislation applicable to the Western-controlled areas of Germany. In addition, the USA established the International Military Tribunal for the Far East (IMTFE), Tokyo, for the purpose of prosecuting the major war criminals for the crimes committed in the Far East. The establishment of the IMT, Nuremberg, and the trials it conducted have had huge impact on the development of international criminal law and justice. Nuremberg, as has been aptly described by legal scholars and practitioners, can be referred to as the ‘birth, the first, or the genesis of modern international law’.1 The dominant narrative is that at Nuremberg, the victors of the Second World War put justice over revenge. The US Supreme Court Associate Justice Robert Jackson remarked at the inception of the Nuremberg Trials: [t]he wrongs which we seek to condemn and punish have been so calculated, so malignant, and so devastating, that civilization cannot tolerate their being ignored, because it cannot survive their being repeated. That four great nations, flushed with victory and stung with injury stay the hand of vengeance and voluntarily submit their captive enemies to the judgment of the law is one of the most significant tributes that Power has ever paid to Reason.2 International criminal law and justice has eevloved since the Nuremberg Trials and the proliferation of all shades of international adhoc criminal tribunals including the establishment of the ever first permanent international criminal court. However, the establishment of the ICC has not stopped this proliferation of adhoc criminal tribunals and there is soon to be an African criminal court; an Extraordinary African Chambers was recently created in Senegal for the trial of 1 Henry T. King, Jr, ‘Robert Jackson and the Triumph of Justice at Nuremberg’, 35 Case W. Res. J. Int’l L. 263 – 272, p. 263. 2 Robert H Jackson’s Opening Speech at the Nuremberg Tribunal, Nuremberg, November 21, 1946, available at , accessed on November 3, 2014. 3 Hisen Habre. Thus, there are onflicting views on the role and importance of international criminal justice, especially in the aftermath of an intra-state conflict. Some scholars argue that justice and peace can only be achieved if there is accountability as opposed to impunity. Others argue that this depends the pursuit of justice has the potential to undermine efforts to bring conflicts to an end and return war-torn societies to normality. In addition, the institutional mechanisms that have been established to achieve this goal at the global level have been accused of being selective, politically motivated, resulting in what has been described as ‘victors’ justice’. In all, the purpose and role of international criminal law and justice and the institutional mechanisms put in place for its enforcement has become largely controversial often driven by trends, attitudes and practices of a variety of actors—norm entreprenur states, regional organisations, the international civil society, the UN and so on. It is now seventy years since the Nuremberg Trials and it is imperative to assess the evolution of international criminal law and justice from different perspectives since Nuremberg. This assessment should further the debates on the role of international criminal law and justice both at the normative and institutional level, the pursuit of accountability, and the future trajectory. This evealuation would among other things, consider the substantive evolution of international criminal law since Nuremberg, the concepts that have developed since then, the institutional mechanisms that have emerged in the last seventy years, contribution, if any, its contribution to the achievement of peace and reconciliation in transitional societies, and the future trajectory of international criminal law and justice. The purpose of this call is to offer academics, legal practitioners, diplomats, and NGOs, the opportunity to reflect and articulate their views on the development of international criminal law and justice since 1945. It will provide a platform for individuals from diverse backgrounds to examine the normative, legal and institutional frameworks within which international criminal justice has eveolved and is being pursued. Contributors should offer insightful thoughts on how to further enhance the legitimacy of current international criminal justice institutions and mechanisms such as the International Criminal Court. In particular, and with reference to the global South, it is hoped that contributions would further stimulate the debate on some contentious normative and institutional aspects of international criminal justice with a view to narrowing the gap between politics and law in order to end impunity. 4 CALL FOR PAPERS With specific focus on the evolution and challenges facing international criminal law and justice, abstracts are hereby invited but not limited to the following sub-themes: PART I HISTORICAL ORIGINS AND NORMATIVE DEVELOPMENT OF INTERNATIONAL CRIMINL LAW (1) The Normative Foundations of International Criminal Law and Justice (i) Purpose and Philosophy of International Criminal Justice (ii) Scope and Contents of International Crimes (ii) Prosecuting Serious International Crimes in International Criminal Law (2) The Principles and Theories of International Criminal Justice (i) The Content of Serious International Crimes (ii) Participation in International Crimes: Modes and Defences (iii) The Conduct of Trials in International Tribunals/Courts: Issues and Challenges (iv) Lessons from, or the contributions of ad hoc and special tribunals/courts (v) The Protection of Specific Groups in International Criminal Law (vi) Sentencing for international crimes PART II INSTITUTIONAL DEVELOPMENTS i. Nuremberg and Tokyo Tribunals ii. ICTY iii. ICTR iv. SCSL v. Cambodia vi. Lebanon vii. Iraq 5 viii. Timor Liste ix. ICC PART III INTERNATIONAL CRIMINAL LAW AND JUSTICE AND DEVELOPMENTS IN INTERNATIONAL LAW i. Universal Jurisdiction ii. Sovereignty iii. Protection of Civilians iv. The Responsibility to Protect v. Climate Change PART IV AFRICA AND INTERNATIONAL CRIMINAL LAW AND JUSTICE: THE LAW OF POLITICS OR THE POLITICS OF LAW? Africa and International Criminal Law and Justice i. Africa and the ICC ii. The Prospective African Court of Justice and Human and Peoples’ Rights iii. Impunity and Poor Governance in Africa: How Suitable and Feasible are Domestic Institutions? PART V THE FUTURE OF INTERNATIONAL CRIMINAL JUSTICE:ICC AT 12 REFLECTING ON THE INTERNATIONAL CRIMINAL COURT AT 12 i. Selective Justice or International Criminal Justice? ii. Debating the Idea of an International Mechanism as opposed to capacitating domestic Institutions iii. Achieving Peace, Justice and Reconciliation through International Criminal Justice 6 SUBMISSION OF PAPERS o Manuscripts that are submitted will be subjected to a double blind review and the outcome will be communicated to the author. o Authors should use the Oxford Standard for the Citation of Legal Authorities (OSCOLA) as the referencing guide in the preparation of their manuscripts. o Manuscripts should include the author’s institutional affiliation and contact details. o Completed manuscipts should be in MS Word format only and submissions can be sent via email to Dr John-Mark Iyi ( and Dr Avitus Agbor ( o Completed manuscripts should be submitted no later than March 15, 2016. o Authors of selected manuscripts will be notified by April 15, 2016. PUBLICATION Selected manuscripts will be published by a reputable international publisher as an edited volume. John-Mark Iyi, PhD University of Johannesburg, Johannesburg, Republic of South Africa. Avitus Agbor, PhD Faculty of Law, North-West University, Mafikeng Campus, Mafikeng, Republic of South Africa

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