Norton and company, 2011, translated into spanish as. For two decades now kathyrn sikkink has been a leading scholar of human rights in world politics. It provides a brief overview of the domestic, hybrid and international criminal trials in africa that have informed the development of the regional court, and argues that the malabo protocol offers the continent an important, alternative vision of regional. Acclaimed scholar kathryn sikkink examines the important and controversial new trend of holding political leaders criminally accountable for human rights. The justice cascade and the impact of human rights trials in latin. A cascade of racial disparities throughout the criminal justice system 10 iii. A cascade of racial disparities throughout the criminal justice system 10. Revise policies and laws with disparate racial impact 19. The african experience with justice mechanisms challenges the narrative of a unidirectional cascade.
The justice cascade confronts such readers with convincing evidence and powerful argument to the contrary. International journal of transitional justice, 11 1. The spectacular state explores the production of national identity in postsoviet uzbekistan. Identifying gaps in sikkinks analysis thus provides an important caution for drawing policy lessons from the. How human rights prosecutions are changing world politics. This concept measures the increase in the legitimacy of the norm of individual criminal accountability so the fact that protestors in egypt immediately demanded accountability for mubarak underscores.
The justice cascade refers to a new global trend of holding political leaders criminally accountable for past human rights violations through domestic and international prosecutions. See all formats and editions hide other formats and editions. The justice cascade is also nested in a broader process of strengthening the rule of law through various forms of justice sector reform. Pdf the african justice cascade and the malabo protocol. Yet, much of that project focused on the spread of prosecutions in europe and latin america. How human rights prosecutions are changing world politics, and update those conclusions with new research conducted. How human rights prosecutions are changing world politics w. The justice cascade refers to a new global trend of holding political leaders criminally accountable for past human rights violations through domestic and. The justice cascade is perhaps her most ambitious work to date. The justice cascade is a valuable contribution for policymakers who must strategically take into account the international forces that generate accountability institutions and the political effects of such institutions on the ground.
It is an assessment of the significance of accountability among politicians. Grawemeyer award winner kathryn sikkink offers a landmark argument for human rights prosecutions as a powerful political tool. The african justice cascade and the malabo protocol by matiangai. It further reinforces the need for the empowerment of international tribunals to try cases that. How human rights prosecutions are changing world politics, kathryn sikkink calls this trend the justice cascade and argues that it represents a new and surprising development in world politics because it challenges classic understandings of sovereignty and the immunity of state officials from prosecution. Sirleaf, m 2017 the african justice cascade and the malabo protocol. This article argues that what is seen as a justice cascade may in fact amount to merely an advocacy cascade, which has facilitated justice policies that democratising states would inevitably have pursued and helped neutralise opposition, but which in causal terms has been far less influential on justice policy than is commonly assumed.
The african justice cascade and the malabo protocol. Oct 27, 2011 justice cascade compelling and eyeopening, recognizing it for its important contribution to the field of human rights, latin american studies and accountability. Acclaimed scholar kathryn sikkink examines the important and controversial new trend of holding political leaders criminally accountable for human rights violations. Sikkink curriculum vitae harvard kennedy school 79. Analysis of the justice cascade by kathryn sikkink. Changing world politics, sets out to address three ambitious questions. This marvelous book combines lucid reason with deep passion.
The african justice cascade and the malabo protocol by. Justice cascade also provides riveting accounts of specific human rights prosecutions against deposed dictators in europe, latin america and africa. How human rights prosecutions are changing world politics, 2012, 352 pages, kathryn sikkink, 0393919366, 9780393919363, w. Oct 21, 2011 justice cascade also provides riveting accounts of specific human rights prosecutions against deposed dictators in europe, latin america and africa. Nov 21, 2011 yes, i believe that the demands for accountability in egypt, tunisia, and elsewhere in the arab world are evidence for the justice cascade. This phenomenon can be likened to the aftershock of an earthquake. The main protagonists are the cultural elites involved in the. Changing world politics the norton series in world politics in pdf. While its genesis is the larger norms transformation, its independent impact is significant and produces its own set of consequences. The justice system is an important target for hiv prevention and treatment, as an estimated 25% of all people living with hiv will pass through the justice system each year. Kathryn sikkink is the ryan family professor of human rights policy at the harvard kennedy school sikkink works on international norms and institutions, transnational advocacy networks, the impact of human rights law and policies, and transitional justice.
In the early 1970s, it points out, neither authoritarian leaders in latin america nor their most determined domestic opponents ever even contemplated the possibility that state officials, including heads of state, might one day be tried. The justice cascade chicago unbound the university of chicago. How human rights prosecutions are changing world politics, with kathryn sikkink, department of political science, university of minnesota. How human rights prosecutions are changing world politics new york. Picker presents a fascinating computer simulation model of norms cascades, but. The criminal justice systems high volume of contact with people of color is a major cause of african americans disproportionate rate of fatal police encounters, as well as. Previously, he played a fundamental role in argentinas democratic transition 19831991.
In tunisia for instance the corruption amnesty undermines the transitional justice process, while the antiterrorism law restraints fundamental rights and freedoms in name of the national security. The african justice cascade and the malabo protocol oxford. Nonetheless, the justice cascade is a thoughtful and thorough account of the evolution of human rights trials against former heads of state and government officials, and fills a significant gap in international law literature. How human rights prosecutions are changing world politics the norton series in world politics sikkink, kathryn on. Kathryn sikkink on the justice cascade griffith research online. Nov 18, 2016 the article illuminates the ways in which the protocol builds on the justice cascade. How human rights prosecutions are changing world politics the norton series in world politics 1st first edition by sikkink, kathryn published by w.
How human rights prosecutions are changing world politics written by kathryn sikkink, is an exploration of the need for justice in the political scene. Best practices for reducing racial disparities 19 a. The origins and effectiveness of prosecutions of human rights violations, uses new data to present a crossnational view of trends in human rights prosecutions. Jul 31, 2014 in the justice cascade, kathryn sikkink argues that foreign prosecutions and international tribunals can be costeffective alternatives to military intervention. In just three decades, state leaders have gone from being immune to accountability for their human rights violations to becoming the subjects of highly publicized trials in many countries of the world. The african justice cascade and the malabo protocol d. The metaphor of a cascade rests on the idea that several distinct streams ultimately joined in the negotiation and ratification of the rome statute in 1998 entering into force in 2002. How human rights prosecutions are changing world politics, and update those conclusions with new research conducted since. The paper challenges the domination of the justice cascade of western legal human rights discourse and practice in the field of transitional justice, with its tendency to. Transitional justice is enacted at a point of political transition from violence and repression to societal stability or at times. Nongovernmental human rights organizations accused astiz, a notorious figure during argentinas dirty war, of involvement in the disappearance of two. The evolution and impact of foreign human rights trials in latin america ellen lutz and kathryn sikkink i. In their research paper described as the justice cascade, sikkink and walling conducting analysis of truth commissions and human rights trials occurring throughout the world from 1979 to 2004 revealed a significant increase in the judicialization of world politics both regionally and internationally.
Introduction during the falldandsmalvinas war of 1982, the british captured argentine navy captain alfredo astiz. A cogent, thorough historical study of the gathering global momentum in holding state officials accountable for humanrights abuses, from nuremberg to guantanamo. As the first prosecutor of the international criminal court, his mandate was to establish the office of the prosecutor and decide where to initiate the first. See sunstein, free markets and social justice at 3269 cited in note 7. Yet, the successes of the special court for sierra leonein prosecuting former liberian president charles taylor and in imposing accountability on the leaders of all armed groups regardless of political alignmentwere. The african union au adopted the protocol on amendments to the protocol on the statute of the african court of justice and human rights malabo protocol in may 2014, which, if ratified, will create the firstever regional criminal court rcc. Mar 27, 2014 kathryn sikkinks readable and deeply researched 2011 book the justice cascade tells the story. Luis moreno ocampo born 4 june 1952 is an argentine lawyer and the former first prosecutor of the international criminal court icc 20032012. A critical look at transitional justice and justice cascade by corbin christopher elmer b. How human rights prosecutions are changing world politics by. The justice cascade is a rapid and dramatic shift in the legitimacy of the norms of individual criminal accountability for human rights viola tions. Although better quality rule of law is neither a necessary nor a suf. As well, a high proportion of people with opioid use disorder oud and people who inject drugs pwid pass through the justice. Sikkink argues that the significance of the justice cascade is that previously immune state officials can now realistically expect to be prosecuted at domestic and international level p.
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