Hirad Abtahi: ICC and Non-Party State, The Islamic Republic of Iran and The ICC

In this article, Hirad Abtahi, legal adviser to the President of the International Criminal Court (ICC), examines Iran’s ambivalent position vis-à-vis the ICC treaty. He briefly reviews the Constitution of the Islamic Republic of Iran and discusses issues that prevent Iran from ratifying the treaty.

M. Cherif Bassiouni: Universal Jurisdiction for International Crimes: Historical Perspectives and Contemporary Practice

In this article, Professor M. Cherif Bassiouni, President of the International Human Rights Law Institute at DePaul University, explores the historical evolution of universal jurisdiction, as well as its existence and use in international and national legal frameworks. He contends that, while there is no doubt that universal jurisdiction is useful and at times necessary, when employed in a politically-motivated manner, it can cause disruption to world order and deprivation of individual human rights.

Laura A. Dickinson: The Relationship Between Hybrid Courts and International Courts: The Case of Kosovo

In this essay, Laura A. Dickinson, Foundation Professor of Law and Faculty Director, Center for Law and Global Affairs at Sandra Day O’Conner College of Law, Arizona State University, assesses hybrid courts and their relationships with international courts. Using as an example the Kosovo hybrid court that heard cases involved war crimes, genocide and other mass atrocities committed primarily by Serbian forces, she addresses some of the advantages and disadvantages of hybrid courts. She also discusses ways in which hybrid courts might fit into the ICC’s complementary regime and argues that such courts should not be considered alternatives to international or local justice, but rather as complements to both.

On the Two Sides of Human Rights

Too often discussion of human rights concentrate exclusively on the rights themselves, without considering their corresponding moral obligations. Yet the ultimate source of human rights is respect for human dignity, which also imposes obligations towards others. Some positive rights and obligations can only be fulfilled through state action. These positive rights deserve equal consideration in developing a theory of universal human rights.

Jin-Xue Fan, University of Shandong, China

Are International criminal tribunal a distinctive to Peace?: Reconciling Judicial Romanticism with Political Realism

A significant challenge to the efficacy of international criminal justice in global governance is the view that prosecution of political leaders still in power creates a distinctive to peace and thus prolong atrocities. While “judicial romantics” are oblivious to these complexities, the “political realists” have failed to demonstrate the tribunals are in fact an impediment to peace and stability. The impact o the International Criminal Court on three recent situations in Africa suggests that the judicial interventions is more likely to help prevent atrocities rather than impede peace, even if arrest warrants cannot be executed.

Payam Akhavan, SJD (Harvard) is a Professor of international law at McGill University