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Law and Justice

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Regulating the world through law and justice is an old idea, but one that has run up against many difficulties. One growing phenomenon is the extraterritoriality of national legislation.

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Democratic Deconstructions

Date de publication
10 March 2017
Accroche

Today’s democratic governments appear less legitimate and their longevity less assured than ever.

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Africa and the ICC Going Forward

Date de publication
17 January 2017
Accroche

October 2016 presented a grim test for the fourteen-year-old International Criminal Court (ICC) as three Sub-Saharan African countries, Burundi, South Africa and Gambia announced their decision to opt out of the international judicial body. 

Hlawulani MKHABELA

South China Sea and the Law of the Sea: Where is China’s Power Heading?

Date de publication
28 July 2016
Accroche

On Tuesday July 12th, after three years of deliberations, the Permanent Court of Arbitration finally delivered its verdict on the conflict opposing the Philippines and China over status of the Spratly Islands in the South China Sea. The judgment is historic, as it goes far beyond the expectations of the involved parties and observers. 

États-Unis : les nominations à la Cour suprême, enjeu des élections de 2016

Date de publication
22 June 2016
Accroche

With the death of Justice Antonin Scalia on February 13, 2016, the Supreme Court of the United States lost a beacon of conservative thought and one of the most influential American jurists of the last thirty years. The question of his replacement immediately became an issue as the United States looks forward to the presidential election in November. While past nominations to the Supreme Court have been relatively uncontentious, nominations today are affected by the polarization of American politics. 

Anne DEYSINE
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PE4-2015_Couverture

Assessing the Achievements of International Criminal Justice / A New Era of Oil Abundance?

Date de publication
01 December 2015
Accroche

Born from the ashes of two world wars, the concept of international criminal justice took nearly half a century to become anchored in institutions and legal concepts that are independent of specific conflicts. The International Criminal Tribunal for the former Yugoslavia, that for Rwanda, and the creation of the International Criminal Court, among others, bear witness to the real progress made during the 1990s. This issue of Politique étrangère offers a series of articles that shed light on these achievements and their limits.

Rwanda: How to Judge Genocide?

Date de publication
01 December 2015
Accroche

The extraordinary nature of the 1994 massacres in Rwanda gave rise to the need for “complete justice”, operating judicial processes on several levels.

Hélène DUMAS

International Criminal Justice at 70: Between the Iron and Golden Ages

Date de publication
01 December 2015
Accroche

The modern principle of international criminal justice goes back to Nuremberg and its highly specific historical context. The 1990s marks a decade of renaissance, for former Yugoslavia and Rwanda in particular. 

Joël HUBRECHT

The Right to Compensation at the ICC: Promises and Uncertainties

Date de publication
01 December 2015
Accroche

The establishment of the International Criminal Court (ICC) has made it possible for the victim to be fully recognized in international trials, with the assertion of the right to compensation for acts of genocide, crimes against humanity, and war crimes.

Jules GUILLAUME

The ICTY Story: A Clear Failure?

Date de publication
01 December 2015
Accroche

Established to hold trials for crimes committed during the Yugoslav wars in the 1990s, the International Criminal Tribunal for the former Yugoslavia (ICTY) has vacillated between its punitive purpose and writing the history of this period.

Jean-Arnault DÉRENS
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Sentencing Reform in the United States

Date de publication
28 July 2015
Accroche

Since the 1980's the incarceration rate in the United States has climbed to unprecedened levels. Today, the United States incarcerates a higher proportion of its population than any other country in the world. Activists have long called for sentencing reform, recognizing the criminal justice system's racial bias and failure to rehabilitate. President Obama's recent call to action propelled the debate on the issue forward at an unprecedented pace but will proposed reforms be enough to end mass incarceration ?

Fragility Factors and Reconciliation Needs in Forest Guinea

Date de publication
31 March 2015
Accroche

In December 2013 the first Ebola cases surfaced in Guéckedou district, near the Liberian and Sierra Leon borders in the Forest Region of Guinea. The outbreak quickly spread from Forest Guinea to the rest of the country and, through the borders, to neighbouring countries. It took three months to identify the Ebola virus as the causative agent of the burgeoning epidemic, longer for the Guinean government to understand the importance of treating the outbreak as a national emergency, and even more time for everyone involved to appreciate the great social toll of Ebola.

Béatrice BIANCHI

Europe’s English Patient

Date de publication
03 March 2015
Accroche

Relations between London and the European construct are founded on a misunderstanding: for mainland Europeans, it represents a global political project, whereas for the British, the European Union is just one international institution among others.

Alain LAMASSOURE

Terminator Ethics: Should We Ban “Killer Robots”?

Date de publication
01 December 2014
Accroche

Automatic lethal weapon systems are under debate and certain non-governmental organizations (NGOs) are demanding their precautionary prohibition.

Jean-Baptiste JEANGENE VILMER

Judicialization of the Battleground

Date de publication
01 December 2014
Accroche

The increasing judicialization of external military action is encouraging military law to fall into line with common law.

Olivier KIM

Citizens’ Self-Defense Groups in Mexico: Rightful Defenders, Incontrollable Groups or Whistle-Blowers?

Date de publication
01 December 2014
Accroche

The rise of civilian self-defense groups in various states across Mexico since 2011 bear witness to the powerlessness and corruption of state bodies confronted with the pervasiveness of organized crime. 

Thibaud MARIJN

Transitional Justice in the Arab World: Fortune and Misfortune

Date de publication
01 September 2014
Accroche

The revolutionary forces that shook the Arab world in 2011 were fighting for more just societies. Justice, however, is difficult to bring about in post-dictatorship transitional phases.

Myriam BENRAAD

France would support new sanctions on Russia

13 April 2014
Accroche

"It's clear that we will have to declare ourselves in favour of new sanctions in case of a military escalation," said state secretary for parliamentary relations Jean-Marie Le Guen to French media on Sunday. The junior minister’s comments came as unrest continued to spread in eastern Ukraine, leaving at least one Ukrainian officer and a pro-Russian activist dead in the eastern city of Slaviansk, about 150 km from the Russian border, on Sunday.

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Raising the Costs to President Putin

Date de publication
01 April 2014
Accroche

-by building dissonance within. Some like to remember fondly the call by Ronald Reagan for Gorbachev “to tear down this wall”. The United States “Won the Cold War” said George Bush Senior in his State of the Union Address. We need to step back and recognize with some humility that the Soviet Union fell largely of its own weight rather than as a result of external pressure. Again today Russia is economically weak. It has become an exporter of raw materials, its industrial sector is weak, and its revenues are already falling. Conditions now offer the opportunity to aggravate Russia’s economic frailty – let’s focus on that.

William C. RAMSAY

The "War to End All Wars": Total War, Total Peace?

Date de publication
20 March 2014
Accroche

The Paris Peace Conference of 1919-1920 marked the end of the First World War whose purpose was to establish the conditions for enduring, if not perpetual peace.

The Legacy of the Great War: Sovereign States, Globalization and Regionalism

Date de publication
20 March 2014
Accroche

The Great War has shaped many 20th century practices and norms.

Georges-Henri SOUTOU
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