JOURNAL ARTICLE

A Cage Went in Search of a Bird: On the Politics of Condemnation, Compensation and Convalescence.

  • Published In: Journal of International Criminal Justice, 2023, v. 21, n. 1. P. 185 1 of 3

  • Database: Academic Search Ultimate 2 of 3

  • Authored By: Bouwknegt, Thijs B; Nauta, Bart 3 of 3

Abstract

This article examines the consequences for individuals accused of atrocity crimes who are publicly scandalized, prosecuted, and later acquitted, focusing on the persistence of reputational damage despite legal exoneration. It critiques the International Criminal Court's (ICC) prosecutorial practices, highlighting a pattern where suspects are often publicly presumed guilty before trial, leading to lasting stigma even when charges are dropped or acquittals occur. Drawing on cases from the ICC and the International Criminal Tribunal for Rwanda (ICTR), the article discusses the limited options for compensation or formal rehabilitation for acquitted persons and explores how some have navigated post-trial life by redefining compensation or leveraging their acquittal politically. Ultimately, it raises ethical and procedural questions about the international justice community's approach to condemnation, compensation, and the long-term effects of scandalization on accused individuals.

Additional Information

  • Source:Journal of International Criminal Justice. 2023/03, Vol. 21, Issue 1, p185
  • Document Type:Article
  • Subject Area:Law
  • Publication Date:2023
  • ISSN:1478-1387
  • DOI:10.1093/jicj/mqad009
  • Accession Number:163250888
  • Copyright Statement:Copyright of Journal of International Criminal Justice is the property of Oxford University Press / USA and its content may not be copied or emailed to multiple sites without the copyright holder's express written permission. Additionally, content may not be used with any artificial intelligence tools or machine learning technologies. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

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