Advancing international criminal justice in southeast Asia through the regionalisation of international criminal law

Tan, Alvin Poh Heng (2014) Advancing international criminal justice in southeast Asia through the regionalisation of international criminal law. PhD thesis, University of Nottingham.

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Only two Association of Southeast Asian Nations (ASEAN) countries have ratified the International Criminal Court (ICC) Statute, and this number is unlikely to change dramatically in the near future. This research thus considers how international criminal justice (ICrimJ) can be advanced through the regionalisation of international criminal law (ICL), whilst also serving the interests of ASEAN Member States. The theoretical appeal, practical viability, and political acceptability of regional ICrimJ mechanisms are accordingly examined. Given that the establishment of the ICC has challenged the absolute sovereignty of States over the prosecution of international crimes, regional initiatives have added political allure as they not only better reflect local legal norms and political considerations, but also place the selection of ‘regional crimes’ and enforcement measures primarily in the hands of regional countries. In recognition of the 'ASEAN way' of making decisions, regional initiatives to further ICrimJ in Southeast Asia should be implemented gradually and driven internally through consultation and consensus. Moreover, to achieve the overarching ASEAN goal of maintaining regional peace and security, the modalities and practical effects of ICrimJ may require greater emphasis on deterrence and reconciliation, instead of punishment.

The prospect and efficacy of a regional ICrimJ mechanism however also depends, inter alia, on the availability of institutional infrastructure and resources, and will understandably differ between regions. Nevertheless, some general conclusions about the value and attractiveness of a regional approach to ICrimJ can be drawn. Despite variations on what may constitute justice in different geographic areas, these generalisations are useful because they reveal the incentives and favourable conditions for efforts at the regional level. The research therefore proffers a basic framework to assess the costs and benefits of regional solutions against domestic or international methods of enforcing ICL, and determine which may best serve ICrimJ in each unique situation and circumstance.

Item Type: Thesis (University of Nottingham only) (PhD)
Supervisors: Bekou, Olympia
White, N.D.
Keywords: asean, se asia, south east asia, southeast asia, international criminal law, international criminal justice, icc, international criminal court
Subjects: K Law > KZ Law of nations. Law of the sea. Space law
Faculties/Schools: UK Campuses > Faculty of Social Sciences, Law and Education > School of Law
Item ID: 27831
Depositing User: Tan, Alvin
Date Deposited: 24 Feb 2015 14:55
Last Modified: 14 Sep 2016 02:07

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