The Amnesty Exception to the Jurisdiction of the International Criminal Court
This article examines the paradoxical question of whether the International Criminal Court will require justice at the expense of peace. Notwithstanding the popular catch phrase of the 1990s - "no peace without justice"' - peace and justice are sometimes incompatible goals. To end an international or internal conflict, negotiations must often be conducted with the very leaders who were responsible for war crimes and crimes against humanity. When this is the case, insisting on criminal prosecutions can prolong the conflict, resulting in more death, destruction, and human suffering.
Place of Original Publication
Cornell International Law Journal
32 Cornell International Law Journal 507 (1999)
Scharf, Michael P., "The Amnesty Exception to the Jurisdiction of the International Criminal Court" (1999). Faculty Publications. 738.