Extra Video: Interview Carsten Stahn - International Law

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Do curso por Universiteit Leiden

The Changing Global Order

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Universiteit Leiden

The Changing Global Order

173 ratings

How are international power relations changing and how can global peace and stability be maintained? This course familiarizes you with some main theories of international relations, shows how the global order is gradually changing and discusses how selected international and regional organizations contribute to the maintenance of global peace and security. You learn what research findings tell us in terms of the capacity of international organizations and actors to help prevent or stop violent conflict, what tools are used to negotiate agreements and how foundations for sustainable peace are best created. We will also focus on the role of the European Union in terms of diplomacy and efforts to prevent conflict, the North Atlantic Treaty Organization and the contribution of organizations such as the African Union to the prevention of conflict and war. We will study the United Nations Security Council and see in which ways its membership could be adapted to more accurately reflect the power relations of the current global order. Through quizzes and exercises testing your knowledge of these subjects, you will understand crucial concepts and get insights into how the academic study of international relations and international organization contributes to the search for global stability and peace in practice.

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Conflict, Conflict Resolution and Security

This week, we will look at Conflict, Conflict Resolution and Security. We have a number of very interesting lectures as well as some additional interviews with experts in the field. Some of the topics include negotiation and mediation strategies, UN Security Council sanctions, the role of the International Criminal Court, and interviews on the practical implementation of these strategies and mechanisms. Additionally, for those of you completing the honors track, this week we have the peer review essay assignment. In this assignment, you will write about a conflict of your choice and apply the conflict resolution strategies to the conflict. Good luck on the assignment!

Extra Video: Interview Paul Meerts - Negotiation in Practice 10:30

Extra Video: Interview Carsten Stahn - International Law 7:56

Extra Video: Interview Gideon Shimshon & Ulrich Mans - Peace Informatics Lab 8:52

Conheça os instrutores

Madeleine Hosli
Prof. Dr.
Faculty of Governance and Global Affairs

[MUSIC].

Hello there again.

We are here in the international city of peace and justice, the Hague.

And it is very nice of course to look

at two major institutions located here in the city.

And to see what their functions are.

I have the pleasure to introduce to you professor Carsten Stahn.

He is a professor of international criminal

law and global justice here at Leiden University.

And you're also the director of the Grotius

Center of International Studies, also here in The Hague.

Let me start out with actually asking the question, what is the Grotius Center?

>> Thank you ma'am.

And it's a great pleasure to be part of this course.

We as Grotius Center are the main academic

institution here in the Hague dealing with international law.

We actually locate it in the city center of the Hague, with sight of

the International Court of Justice behind us, and the ICC to the other side.

So one can say we're really in the midst of events with a

critical eye from an academic perspective, on

what international courts and tribunals are doing.

>> Actually, that brings us to the first general question.

To which extent can actually international institutions such as the International

Court of Justice or the International Criminal Court influence global affairs?

>> Well, we must also keep in mind that these institutions face constraints.

Their jurisdiction is tied to acceptance of states.

They're triggered by political bodies like the Security

Council, that is a challenge to their activity.

I think one might best say that international

culture tribunals have an impact through small numbers of

cases that they do and they send a message

to domestic jurisdictions how they should handle cases effectively.

Luis Moreno Ocampo, the first prosecutor of the ICC, put it like this.

He said, the success of the International Criminal

Court, will not actually depend on the number of

cases that it does, but on the absence of cases that take place, here on the Hauge.

And the explains the philosophy.

>> Thank you.

Actually that beings me to the topic of complementarity.

Could you tell us a little bit about how this concepts

has evolved, what it means and what you expect for the future?

>> The concept of complementarity

actually, it describes the relationship between

the organization of the relationship

between domestic justice and international justice.

Previously, complementarity was seen as an instrument that

the ICC serves as a court of last resort.

But it became more and more evident that it

is a challenge to actually select situations and cases.

This is how the ICC adopted a managerial approach towards complementarity,

in which it adopted the approach to actually incentivize to provide

and to encourage domestic jurisdictions to bring cases to the Hague.

For instance, Luis Moreno Ocampo solicited referrals from the state to the ICC here.

At the same time, and this is what is called positive complementarity.

At the same time, tribunals still serve

as a kind of threat for domestic jurisdictions.

And this is what you might call a negative conception of complementarity.

Where there is almost this ward of international justice

hanging above domestic jurisdictions if they don't act efficiently.

>> Yes.

That actually brings me to the question.

What is the relationship between the International Court of

Justice, the Ad Hoc Tribunals and the International Criminal Court?

>> I think we should differentiate here.

On the one hand we have the relationship between the ICC and the Ad Hoc Tribunals.

I would describe this as a relationship between different generations of justice.

The top tribunals were the first wave of international tribunals, which

then influenced actually the norms and standards of the ICC Statute.

And the ICC is a permanent institution,

but which we present also a different approach.

So, at this moment the ICC is learning from the

practices of the top tribunals as a kind of first generation.

At the same time there's feedback, there's what I

would call cross-fertilization between, back from the ICC also

to the top tribunals, in relation to new phenomenon

such as sexual violence, how to deal with victims.

All of these new important questions are also now influenced in,

in the top tribunals by the work of the, of the ICC.

The relationship to the International Court of Justice is

a kind of different one because the International Court

of Justice deals with international law in its entirety

and international criminal law is a specialized body of law.

So there's almost a sense of competition about who is now

the ultimate guardian of the law in, particular international criminal law.

Sometimes we see actually conflicting decisions, of,

between tribunals, different approaches towards a crime,

different approaches towards responsibility, but I would

argue that this is actually a healthy development.

It shows that it's a dynamic and active field, we're just constantly.

Re-assessing and reorganizing it itself, and

adjusting itself to the challenges of time.

>> Thank you very much.

Very much an evolving picture that we indeed see this domain.

Actually international criminal law itself has not been for

that long, a specialization of law, a recognized specialization.

What is the reason dealt that actually at this become excepted

and why, what were the developments kind of underlined this trend?

>> Its often forgotten that this movement

was international criminal justice started quite early.

Already in 1919, at the time of the peace conference.

There was a movement, how could we think about, you know,

adjudicating war crimes and for

example and crimes against humanity internationally.

Then after World War II of course we

got the Nuremberg tribunal, we've got the Tokyo tribunal.

We afterwards have the United Nations general assembly codifying

the Nuremberg principals as part of United Nations law.

So in terms of the substantive law, much of the ground has

actually been paved already after World War I, after World War II.

Only the institutional dimension, the enforcement

dimension, we started to work efficiently only

in the 1990s when we had

the transformations and the collective security system.

When the security council took a more active

stance in relation to, peace building, peace operations

and justice then was part seen as an

integral part of peace under the United Nations' system.

And this is, it's through this nexus, to the collective security system, that

the new enforcement dimension of international

criminal justice actually gained this new energy.

This new movement towards we need to act now

and we cannot only leave it with substantive law.

We actually need real institutions on the ground to enforce some of these laws.

>> And this is indeed what we are witnessing and seeing today, in this city.

In The Hague.

Thank you very much for this very, very insightful interview.

Thank you and students, if you would like to

read more about the background of what you've just heard.

Please look at our reading list, and

you'll find some important papers on these subjects.

Thank you very much again, and see you soon.

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