International Criminal Court, restorative or retributive justice?

被引:0
作者
Pasca, Ioana-Celina [1 ]
机构
[1] West Univ Timisoara, Fac Law, Timisoara, Romania
来源
LOOKING FOR NEW PATHS IN COMPARATIVE AND INTERNATIONAL LAW | 2021年
关键词
International Criminal Court; retributive justice; restorative justice; customary practice of justice; alternative punishments;
D O I
暂无
中图分类号
D81 [国际关系];
学科分类号
030207 ;
摘要
This study examines the impact of the rigors of international justice on a community accustomed with informal, "authentic" means of resolving conflicts. The elements of this impact are assessed in relation to the interaction between the traditional restorative justice and the retributive justice specific to the International Criminal Court, especially with regard to the conflict in northern Uganda, which is the object of a lawsuit pending before this court. National jurisdictions and the International Criminal Court cannot be analyzed as opposing, alternative institutions, but only as complementary institutions, acting to restore peace and maintain security. Justice and peace are common goals of both jurisdictions. Peace can only be restored through justice, be it national or international. By analyzing the principle of complementarily, and the role of national restorative measures, we conclude that their interference in the proceedings of the International Criminal Court is impossible, both in relation to the provisions of the Statute and to their nature, their character being eminently ethnic, tribal.
引用
收藏
页码:196 / 205
页数:10
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