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4 - Transformative Effect I

A Paradigm Shift in Peace Negotiations?

Published online by Cambridge University Press:  06 July 2023

Marieke Wierda
Affiliation:
Universiteit Leiden
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Summary

Chapter 4 discusses transformative effect, that is, the impact of the Rome Statute and the Court on political processes such as peace negotiations, in order to contribute to ending impunity. The chapter discusses the mechanisms of the Rome Statute that seek to balance peace and justice, including Articles 16 and 53 (the “interests of justice” test). It also discusses who determines the interests of victims in peace and justice. The evidence on whether arrest warrants facilitate or hinder peace negotiations is not conclusive, although in Uganda, they may have hindered reaching a final peace agreement. Moreover, in Afghanistan or Libya, amnesties were passed, in spite of the involvement of the ICC. The coming into force of the Rome Statute does not constitute a “paradigm shift” from impunity to accountability as such, but transformative effect may be seen in certain negotiations or peace agreements.

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Publisher: Cambridge University Press
Print publication year: 2023

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  • Transformative Effect I
  • Marieke Wierda, Universiteit Leiden
  • Book: The Local Impact of the International Criminal Court
  • Online publication: 06 July 2023
  • Chapter DOI: https://doi.org/10.1017/9781009153805.005
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  • Transformative Effect I
  • Marieke Wierda, Universiteit Leiden
  • Book: The Local Impact of the International Criminal Court
  • Online publication: 06 July 2023
  • Chapter DOI: https://doi.org/10.1017/9781009153805.005
Available formats
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Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • Transformative Effect I
  • Marieke Wierda, Universiteit Leiden
  • Book: The Local Impact of the International Criminal Court
  • Online publication: 06 July 2023
  • Chapter DOI: https://doi.org/10.1017/9781009153805.005
Available formats
×