Imagining justice for Syria : water always finds its way

Doctoral Thesis

This dissertation situates the war in Syria within the actual and imagined system of international criminal justice. It explores the legal impediments and diplomatic challenges that have led to this tragic state of affairs and reviews a number of accountability solutions being explored within multilateral gatherings, by states, and by civil society actors, including innovations of institutional design; the re-activation of a range of domestic jurisdictional principles (including universal jurisdiction in Europe); the emergence of creative investigative and documentation techniques, technologies, and organizations; and the rejection of state consent as a precondition for the exercise of jurisdiction. Engaging both law and policy around international justice, the text offers a set of justice blueprints, within and without the International Criminal Court. It also considers the utility, propriety, and practicality of establishing an ad hoc tribunal and pursuing a transitional...Show moreThis dissertation situates the war in Syria within the actual and imagined system of international criminal justice. It explores the legal impediments and diplomatic challenges that have led to this tragic state of affairs and reviews a number of accountability solutions being explored within multilateral gatherings, by states, and by civil society actors, including innovations of institutional design; the re-activation of a range of domestic jurisdictional principles (including universal jurisdiction in Europe); the emergence of creative investigative and documentation techniques, technologies, and organizations; and the rejection of state consent as a precondition for the exercise of jurisdiction. Engaging both law and policy around international justice, the text offers a set of justice blueprints, within and without the International Criminal Court. It also considers the utility, propriety, and practicality of establishing an ad hoc tribunal and pursuing a transitional justice program without a genuine political transition. All told, the book attempts to capture the creative energy radiating from members of the international community intent on advancing the accountability norm in Syria even in the face of geo-political blockages within the U.N. Security Council.
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Syria

Justice , Accountability

International Criminal Law

Transitional Justice

Human Rights

International Humanitarian Law (The Law of War)

Armed Conflict

War Crimes

Crimes Against Humanity

International Crimes Documentation