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34 results

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  • Introduction Remarks by Cecilia M. Bailliet

  • Cecilia M. Bailliet
  • Journal:
    Proceedings of the ASIL Annual Meeting / Volume 116 / 2022
    Published online by Cambridge University Press:
    24 March 2023, pp. 199-202
    Print publication:
    2022
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The Legitimacy of International Criminal Tribunals
  • Edited by Nobuo Hayashi, Cecilia M. Bailliet
  • Published online:
    23 February 2017
    Print publication:
    19 January 2017
  • With the ad hoc tribunals completing their mandates and the International Criminal Court under significant pressure, today's international criminal jurisdictions are at a critical juncture. Their legitimacy cannot be taken for granted. This multidisciplinary volume investigates key issues pertaining to legitimacy: criminal accountability, normative development, truth-discovery, complementarity, regionalism, and judicial cooperation. The volume sheds new light on previously unexplored areas, including the significance of redacted judgements, prosecutors' opening statements, rehabilitative processes of international convicts, victim expectations, court financing, and NGO activism. The book's original contributions will appeal to researchers, practitioners, advocates, and students of international criminal justice, accountability for war crimes and the rule of law.

  • Peace is the Fundamental Value that International Law Exists to Serve

  • Cecilia M. Bailliet
  • Journal:
    Proceedings of the ASIL Annual Meeting / Volume 111 / 2017
    Published online by Cambridge University Press:
    28 March 2018, pp. 308-312
    Print publication:
    2017
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  • Hersch Lauterpacht set forth that international law should be functionally oriented toward both the establishment of peace between nations and the protection of fundamental human rights. This perspective was followed by Hans Kelsen, who authored Peace Through Law, reminding us that the pursuit of peace requires patience and commitment to international norms and legal institutions, such as international criminal tribunals, stating, “He who wishes to approach the aim of world peace in a realistic way must take this problem quite soberly, as one of a slow and steady perfection of the international order.” Later on the work of Grenville Clark and Lois B. Sohn spanned three decades, pursuing “World Peace Through World Law” through which they envisioned the creation of a World Conciliation Board, a World Equity Tribunal, compulsory jurisdiction for the ICJ, transfer of primary responsibility for the maintenance of peace from the Security Council to the General Assembly, and world disarmament enforced by regional courts. Several of these topics are under renewed discussion at present, including reform of the Security Council, the value of conciliation in international law, and the new Treaty on the Prohibition of Nuclear Weapons. Some suggest that the fragmentation of international law into specialized subfields, such as trade law, human rights, etc. resulted in a dissipation of attention to broader, common aims such as peace, instead promoting specialized technical expertise within each realm. To the extent that contemporary international law engaged with peace, it focused on the subject of peace treaties and the role of relevant institutions, such as the United Nations and regional entities.

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