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The International Criminal Court And The Congo: From Theory To Reality

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Chapter Summary

There are two types of international criminal tribunals: (1) Exemplified by the tribunals at Nuremberg and Tokyo, may be called ex post tribunals, in that they are established after an acute and violent situation in which alleged crimes occurred has been resolved by military victory or political settlement. (2) Ex ante tribunal, in that it is established before an international security problem has been resolved or even manifested itself, or it is established in the midst of conflict in which the alleged crimes occurred. The ICC is the archetypical ex ante tribunal. In the crucible of investigation and prosecution of concrete cases, the ICC will surely prove quite different from that of its predecessors and may even prove quite different from that envisaged by its creators. Even at this early stage of the Court?s life, it could be significantly shaped by recent developments and initiatives with respect to the Congo.

Keywords: conflict; Congo; ex ante tribunal; ex post tribunals; international criminal court (ICC); military victory; political settlement



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