The Changing Dynamics of International Lawmaking: Trying Heads of State for Rape and Sexual Violence

in The Law & Practice of International Courts and Tribunals
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New ways of international lawmaking have been largely attributed to the changing nature of international relations, with new actors actively participating in domains traditionally reserved for States. The issue of judges as lawmakers is especially relevant in the international criminal justice domain, where new institutions are being set up. One of the well-covered matters in academic literature has been the prosecution of rape and sexual violence as an example of judicial activism and as a result of the complex relationships between States, international organizations and ngos, as well as the epistemic community of legal professionals. However, trying heads of State for international crimes has been a relatively recent phenomenon. Among a number of trials held worldwide, the trial of the former Liberian President Charles Taylor deserves special attention, not only because it is a finished trial, but also because Taylor was tried for such crimes as rape and sexual violence.

The Changing Dynamics of International Lawmaking: Trying Heads of State for Rape and Sexual Violence

in The Law & Practice of International Courts and Tribunals

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References

4

Margaret Keck and Kathryn SikkinkActivists Beyond Borders. Advocacy Networks in International Politics (Ithaca and London: Cornell University Press1998).

5

Margaret Keck and Kathryn Sikkinksupra note 4.

7

Jack Snyder and Leslie Vinjamurisupra note 6.

17

Sergey Marochkinsupra note 3 701.

18

Antonio CasseseInternational Criminal Law. Second Edition (Oxford: Oxford University Press2008) 4.

22

Ajevskisupra note 1 63.

24

Ajevskisupra note 1 88.

26

Ajevskisupra note 1 90.

29

Binajfer Nowrojee“Making the Invisible War Crimes Visible: Post-Conflict Justice for Sierra Leone’s Rape Victims”Harvard Human Rights Journal 18 (2005) 85–107.

31

Antonio CasseseInternational Criminal Law. Second Edition (Oxford: Oxford University Press2008) 7.

32

Judith ArmattaTwilight of Impunity. The War Crimes Trial of Slobodan Milosevic (Durham: Duke University Press2010).

33

Ellen Lutz and Caitlin Reiger (eds.)Prosecuting Heads of State (Cambridge: Cambridge University Press2009).

36

Anne-Marie SlaughterA New World Order (Princeton and Oxford: Princeton University Press2004).

40

Kimberly Lanegran“The Importance of Trying Charles Taylor”Journal of Human Rights 6 (2007) 165–179.

42

Ajevskisupra note 1 106.

54

Augustine S.J. Parksupra note 53 327.

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