Research agenda on fragmentation of International Criminal Justice

Problems arising from the diversification and fragmentation of international law have been at the forefront of attention since the 2006 report of the study group of the International Law Commission on fragmentation. This theme has particular relevance in the domain of international criminal law. The use of divergent rules of attribution by the International Criminal Tribunal for the former Yugoslavia (ICTY) and the International Court of Justice in the Genocide case ("overall" v. "effective control" test) is only one illustration of the multiple challenges posed by the diversification of the discipline. International criminal law is shaped by the interplay of different legal orders and distinct, sometimes contradictory branches of law. The tension between the universal vocation of international criminal law and the need for legal pluralism creates conflicts on three levels: (i) institutional fragmentation, (ii) substantive fragmentation and (iii) procedural fragmentation.

Scroll down this page to download two documents from the International Law Commission and two documents which are related to the Conference Interventions.

23 October 2008 Introductory conference on the diversification of norms and institution in international criminal law, and the effects of implementing legislation under the Rome Statute, The Hague.

21 March 2009 Follow up conference on fragmentation and judicial dialogue and international criminal law and cultural diversity, The Hague.

14-15 May 2009 Conference on Unity on fragmentation of International Law - the role of International and National Tribunals, Oslo. The conference is organised by the University of Oslo and the Amsterdam Center for International Law of the University of Amsterdam. Click here for more information.

24-25 May 2009 Two-day international conference on the international law and policy governing the creation and operation of multi-sourced equivalent norms ("MSENs"), Jerusalem. The Leonard Davis Institute for International Relations and the International Law Forum of the Hebrew University of Jerusalem have issued a call for papers. Click here for more information.