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Justice in conflict: the ICC in Libya and Northern Uganda

Kersten, Mark (2014) Justice in conflict: the ICC in Libya and Northern Uganda. PhD thesis, London School of Economics and Political Science (LSE).

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Abstract

The thesis examines the effects of interventions by the International Criminal Court (ICC) on peace, justice and conflict processes in northern Uganda and Libya. The 'peace versus justice' debate, wherein it is argued that the ICC has either positive or negative effects on 'peace’, has spawned in response to the Court's interventions into active and ongoing conflicts. The thesis is a response to and engagement with this debate. Despite often seeming persuasive, claims within the 'peace versus justice' debate have failed to set out a coherent research agenda on how to study the effects of the ICC's interventions on 'peace'. Drawing on theoretical and analytical insights from the fields of conflict and peace studies, conflict resolution and negotiation theory, the thesis develops a novel and nuanced analytical framework to study the Court's effects on peace, justice and conflict processes. This framework is applied to two specific cases: the ICC's interventions in Libya and in northern Uganda. The core of the thesis examines the empirical effects of the ICC on each case. Approximately 80 interviews were conducted with key figures in Libya, Uganda and at the ICC. In its comparative analysis, the thesis examines why the ICC has the effects that it does, delineating the relationship between the interests of states that refer situations to the ICC and the ICC's self-interests and arguing the negotiation of these interests determines who / which side of a conflict the ICC targets and thus its effects on peace, justice and conflict processes. While the effects of the ICC's interventions are ultimately mixed, the thesis aims to contribute to a more refined way to study the effects of the ICC and to further our understanding of why the ICC has the effects that it does.

Item Type: Thesis (PhD)
Additional Information: © 2014 Mark Kersten
Library of Congress subject classification: J Political Science > JZ International relations
Sets: Departments > International Relations
Supervisor: Hoffman, Mark and Ainley, Kirsten
URI: http://etheses.lse.ac.uk/id/eprint/3147

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