Book contents
- Practices of Reparations in International Criminal Justice
- Cambridge Studies in Law and Society
- Practices of Reparations in International Criminal Justice
- Copyright page
- Contents
- Figures
- Tables
- Preface
- Acknowledgements
- Introduction
- Background to the Two Case Studies
- Part I Norm-Making
- 1 Punishment and Redress in International Criminal Justice
- 2 Negotiating
- Part II Engaging Survivors
- Part III Adjudicating
- Part IV Implementing
- Bibliography
- Index
- Cambridge Studies in Law and Society
2 - Negotiating
from Part I - Norm-Making
Published online by Cambridge University Press: 23 June 2022
- Practices of Reparations in International Criminal Justice
- Cambridge Studies in Law and Society
- Practices of Reparations in International Criminal Justice
- Copyright page
- Contents
- Figures
- Tables
- Preface
- Acknowledgements
- Introduction
- Background to the Two Case Studies
- Part I Norm-Making
- 1 Punishment and Redress in International Criminal Justice
- 2 Negotiating
- Part II Engaging Survivors
- Part III Adjudicating
- Part IV Implementing
- Bibliography
- Index
- Cambridge Studies in Law and Society
Summary
This chapter turns to a critical juncture where the details of the convergence of the underlying normative responses were debated and shaped, namely the negotiations of the first reparations mandates in international criminal justice. The chapter delves into the arenas where these norms were negotiated: the ICC Rome Statute negotiations, and the ECCC’s Internal Rules-making. By examining the main debates during the negotiations of these foundational laws, the chapter identifies the negotiation practices that were chosen to mediate between competing objectives and visions of international justice. Inquiring into the compromises that emerged from these negotiations sheds light on the long-lasting effects of these compromises on the subsequent operation of the reparations regimes at both courts.
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- Publisher: Cambridge University PressPrint publication year: 2022