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Home Browse Latest Additions Policies In-Between Spaces, Intermediaries and the International Criminal Court: Uncovering New Sites for Opportunity and Challenge

Uwineza, Joséphine (2019) Home Browse Latest Additions Policies In-Between Spaces, Intermediaries and the International Criminal Court: Uncovering New Sites for Opportunity and Challenge. Doctor of Philosophy (PhD) thesis, University of Kent,. (KAR id:79516)

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Abstract

Approaches to the practice of international criminal justice have largely focused on the relationship between institutions, states and communities. This has overlooked the role of other actors, such as intermediaries, in justice processes. This thesis examines the place of intermediaries in international criminal justice with a particular focus on the International Criminal Court (ICC). Through this examination it is argued that international criminal justice also takes place in in-between spaces. The central insight of the thesis is that in-between spaces are productive of particular forms of international criminal law practices. These in-between spaces are not captured in dominant international criminal law literature and they are hardly capable of regulation. Furthermore, much of the literature on intermediaries overlooks the existence of these practices because it tends to study the relationship between intermediaries and the ICC through global/local lenses. The thesis develops the concept of in-between spaces, both analytically and empirically, to illuminate these practices of international criminal justice to which intermediaries give rise. To that end, the thesis conceives intermediaries as mediators of the Court's work in in-between spaces and that opens up new conversations about the way in which knowledge is produced, subjects are represented and power is exerted in these in-between spaces. Next, the thesis discusses the question of security. I argue that the Court is unable to fully protect intermediaries in in-between spaces. Therefore, it should partner with other stakeholders. Lastly, this research discusses the issue of accountability. I argue that intermediaries' accountability is complex because in-between spaces produce different accountability registers. While the Court captures a small fraction of intermediaries' accountability, intermediaries are accountable to other actors such as donors and states. What is more, the current framework of accountability does not provide for the Court's accountability toward intermediaries. The thesis concludes that the ICC should enhance its partnership with intermediaries and change some of the ways in which it currently relates to them because in-between spaces are productive of a new kind of practice of international criminal justice which is not captured by existing literature and law. Despite the challenges that such engagement may bring, intermediaries are indispensable to the Court's work on the ground.

Item Type: Thesis (Doctor of Philosophy (PhD))
Thesis advisor: Haslam, Emily
Thesis advisor: Kendall, Sara
Uncontrolled keywords: International law, International Criminal Law
Funders: Organisations -1 not found.
SWORD Depositor: System Moodle
Depositing User: System Moodle
Date Deposited: 08 Jan 2020 14:10 UTC
Last Modified: 01 Dec 2022 00:00 UTC
Resource URI: https://kar.kent.ac.uk/id/eprint/79516 (The current URI for this page, for reference purposes)
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