IMECAJ

The implementation of international criminal justice: Deciphering a (more effective) way forward through the competing tensions

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 Obiettivo del progetto (Objective)

'The past two decades have seen an unprecedented trend towards the ‘institutionalization’ and ‘judicialization’ of international criminal justice, principally through the operation of formalized international and hybrid courts and tribunals. Each of these judicial mechanisms requires the allocation of very significant resources from countries throughout Europe and beyond. Yet, experience has shown that the current structure of this system of international criminal justice contains inherent problems and gives rise to considerable tensions. These threaten the credibility of the system and increasingly restrict its capacity both to effectively implement international criminal justice, and to satisfy the expectations placed upon it by the broader international community. This Research Project will seek to examine the most significant tensions that have arisen during the evolution of this system, and has the following principal objectives: a) To identify and examine the main ‘goals’ of the mechanisms of contemporary international criminal justice; b) To assess the major tensions that have emerged through the ‘judicialization’ process associated with these mechanisms, and in the implementation of contemporary international criminal justice; c) To determine appropriate measures of, and benchmarks for the legal ‘effectiveness’ of these mechanisms; d) Taking into account the conclusions reached from the above three objectives, to articulate possible future initiatives with regard to more effectively implementing international criminal justice.'

Introduzione (Teaser)

Judicial mechanisms pertaining to international criminal justice constitute a system that gives rise to considerable tensions. It is also fraught with problems that threaten effective implementation and the expectations of the broader international community.

Descrizione progetto (Article)

The EU-funded project IMECAJ (The implementation of international criminal justice: Deciphering a (more effective) way forward through the competing tensions) is examining the current situation in terms of the system's evolution and existing structures.

Research activities have progressed, with a particular focus on practical jurisprudence and structural developments in various international justice mechanisms. Most of the planned research and analysis is complete also for issues regarding the ramifications and impact of developments on the work of related institutions, as well as the broader perceptions of their effectiveness.

Project work has incorporated four principal objectives. Significant progress has been made in relation to the first three: identify and examine the main goals of the mechanisms of contemporary international criminal justice; assess major tensions that have emerged through the 'judicialisation' process associated with these mechanisms and in implementing contemporary international criminal justice; determine appropriate measures of and benchmarks for the legal effectiveness of these mechanisms.

The latest project phase has been dedicated to assimilating research results to complete the fourth objective: articulate possible future initiatives for more effectively implementing international criminal justice.

Research involved collaboration with institutional courts (mostly in The Hague), government agencies, non-governmental organisations, academics, practitioners and other interested stakeholders. The efforts have resulted in knowledge transfer, joint publication and research outputs (with researchers in several European countries and internationally), and teaching/training activities.

IMECAJ has broadened the impact and consideration of various aspects of its particular research focus. Project outcomes are slated to contribute more in-depth knowledge that can be applied for an ultimately more effective international criminal justice system.