The editorial board of the Hague Justice Journal / Journal Judicaire de La Haye (HJJ-JJH) is seeking contributions for 2010 from academics, practitioners, and post-graduate students working in the field of international law and international relations. The general theme is: “The Relationships between the International Courts and Tribunals: Conflict and Cooperation.” HJJ-JJH is a bilingual, peer-reviewed journal that aims to contribute to thinking and debate about the development of international peace and justice. The Journal disseminates and critically examines the work of the international organizations based in The Hague, with a particular emphasis on the courts and tribunals. Articles may be up to 10,000 words. Shorter articles, legal commentaries, and case notes may be up to 3,500 words. The deadline is 31 January 2010.
As background from the editors, The Hague is the home of numerous international courts and tribunals, including the International Court of Justice, the International Criminal Court, as well as the ad hoc International Criminal Tribunal for the former Yugoslavia and the newly founded Special Tribunal for Lebanon. The Special Court for Sierra Leone and the ad hoc International Criminal Tribunal for Rwanda also make use of facilities available in The Hague.
The editors have posed the following questions to consider:
- How have these institutions cooperated?
- Have there perhaps been conflicts of competence?
- What are the consequences for the development of the law of armed conflict (law of war)?
- What are the consequences for the development of international criminal law?
- What are the consequences for the cooperation between the different courts and tribunals?
In reading those questions, I thought about these specific issues:
- What deference should be given by one international court to the decisions or evidentiary findings of another international court? Should each court be empowered, or perhaps obligated, to review evidence de novo?
- How have the courts managed to decide the legal standard when there is a conflict between a common law and civil law approach or interpretation? Do other courts then use the same approach or standard?
- Should there be harmonization across international tribunals as related to the sentencing and enforcement of convictions? How do sentencing disparities across tribunals for similar crimes impact the perceptions of justice? deterrence?
- Should there be a centralized repository for the archives from international courts and tribunals? How does one resolve issues of witness protection, national security, the rights of the accused, and individuals’ privacy in order to foster archival information access and academic research?
- Should international courts and tribunals focus on domestic outreach in affected countries? If so, how? What activities? How should the activities be funded? How can the courts’ activities compliment, rather than duplicate or conflict with, the transitional justice and stabilization activities by other international institutions?
- Should the international community continue to establish hybrid courts? Why?
- Has disparate funding and competition for resources (i.e. personnel, facilities, financial, etc.) hindered cooperation?
- Has docket backlog impeded cooperation?
- Does the proliferation of international courts and tribunals threaten to fragment international law and international institutions?
- What is – or should be – the role of civil society in relation to international courts and cooperation across the courts?
- Should international criminal courts and tribunals engage in restorative justice activities or should they focus exclusively on retributive justice through prosecutions?
- Should UN peacekeepers be required to cooperate with international courts and to assist with international prosecutions? i.e. enforcing arrest warrants, collecting evidence, providing testimony, etc.
- How have countries contributed to the cooperation or conflict across the international courts?
- How have international human rights bodies contributed to the cooperation or conflict across the international courts?
- How does media coverage impact the relationship across the courts?
I heard the following thought-provoking questions raised by two distinguished law professors at an event on the International Criminal Court three days ago:
- What are the implications of having no judges with a military background on an international tribunal overseeing war crimes or crimes against humanity during an armed conflict? (Gary Solis)
- How can international courts and tribunals contribute to justice on the ground for victims? (Jane Stromseth)
- How can international courts and tribunals contribute to capacity-building of domestic judicial systems? (Jane Stromseth)
If you have additional thoughts, or want to work collaboratively on an article, send me an email (left side nav).
Articles, Commentaries, and Case Notes
The editorial board invites contributions of articles up to 10,000 words. Shorter articles, legal commentaries, and case notes may be up to 3,500 words.
Deadlines and Guidelines
The deadline is 31 January 2010.
Submissions may be written in English or French. Submissions should conform to the Style Guide of the Hague Justice Journal (pdf).
For more information, contact: firstname.lastname@example.org
Send your submission to: email@example.com