Source: (2003) In Carol A.L. Prager and Trudy Govier, Dilemmas of Reconciliation: Cases and Concepts. Waterloo, ON: Wilfrid Laurier University Press. Pp. 137-168.
International criminal law is currently faced with a defining moment: how to understand the truly international character of certain kinds of crime while providing an expanded forum for the prosecution of egregious harms in the world. I offer a resolution of this problem by arguing that unless there has been a complete breakdown of the rule of law in a particular country, international tribunals should only be concerned with prosecuting individuals for crimes that are group-based, in that the harms are directed against individuals because of their group memberships or where there is some kind of state (or state-like) involvement, and typically only where both of these factors are present. Isolated acts of rape should not normally be subjected to international prosecutions, but examples like the â€œcomfort womenâ€ of the Second World War would be properly prosecuted internationally. Given that international criminal trials often intensify conflict among peoples, and only when there is a very clear reason to prosecute internationally rather than domestically. Reconciliation will often dictate that some forum for remedy other than international criminal prosecutions be pursued. (excerpt)
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