International Criminal ‘Lawfare’ and its Potential Effects on Post-Conflict Positive Peace

In: International Criminal Law Review
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  • 1 Assistant Professor, Department of Political Studies, University of Saskatchewan, Canada

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This article examines how ‘international criminal lawfare’ (ICLf) has the potential to be a tool either to usher in a foundation of trust necessary to establish positive peace or to negatively affect post-conflict justice enterprises. It argues that problems that arise from ICLf through self-referrals to the icc can be alleviated if the Court would not need to rely on the cooperation and goodwill of parties to the conflict to pursue its investigations. Using the case study of the icc’s Uganda intervention, it contends that, despite its potential, the use of ICLf will not likely signal anything positive in situations where the judicial organ relies on a party to the conflict because the integrity of the process is undermined. This message is important in light of the icc Pre-Trial Chamber’s rejection of the Prosecutor’s request to investigate alleged crimes committed in Afghanistan on the basis of a lack of cooperation.

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