Adapting International Criminal Justice in Southeast Asia: Beyond the International Criminal Court

by Emma Palmer

Overview

How is international criminal law adapted across time and space? Which actors are involved and how do those actors seek to prosecute atrocity crimes? States in Southeast Asia exhibit a range of adapted approaches toward prosecuting international crimes. By examining engagement with international criminal justice especially in Cambodia, the Philippines, Indonesia, and Myanmar, this book offers a fresh and comprehensive approach to the study of international criminal law in the region. It nuances categories of the 'global' and 'local' and demonstrates how norms can be adapted in multiple spatial and temporal directions beyond the International Criminal Court. It proposes a shift in the focus of those interested in international criminal justice toward recognising the opportunities and expertise presented by existing adaptive responses to international crimes. This book will appeal to scholars, practitioners and advocates interested in international criminal law, international relations, transitional justice, civil society, and law in Southeast Asia.

Product Details

ISBN-13:	9781108483971
Publisher:	Cambridge University Press
Publication date:	05/14/2020
Pages:	344
Product dimensions:	6.22(w) x 9.21(h) x 0.87(d)

About the Author

Emma Palmer is Lecturer at Griffith Law School, Griffith University, Queensland. Palmer was awarded her Ph.D. from University of New South Wales (UNSW) Law, Sydney, where she was a Research Assistant for two Australian Research Council (ARC) Discovery Projects focused on international criminal law. She has worked as a lawyer and analyst.

Table of Contents

1. Localising International Criminal Justice in Southeast Asia; 2. Engaging with International Criminal Law alongside an Internationalised Tribunal: Cambodia; 3. Implementing International Criminal Accountability in the Philippines; 4. Engaging with International Criminal Law as a Non-State Party: Indonesia; 5. International Criminal Justice in “Transition” – Myanmar; 6. Adapting International Criminal Justice in Southeast Asia; Appendix A. Table of Ratifications; Appendix B. Table of Interviews; Appendix C. Southeast Asia: Domestic Legislation, Bills and Regulations and Sources; List of references; Index.

Editorial Reviews

'At a time when support for the ICC has waned in regions where it was once strong, Emma Palmer explores the impact of international criminal justice in a region which has the world’s lowest rate of Rome Statute ratifications. Just as the conviction of Habre in Dakar, and the removal and prosecution of Bashir in Khartoum, gives us hope for justice outside The Hague, Palmer’s excellent in-depth research of four countries resistant to the formal global system shows that international norms are being adapted and having a protective impact at the local level.' Stephen Rapp, former US Ambassador for global criminal justice, and international prosecutor for Rwanda and Sierra Leone

'Despite the fact that international criminal justice instruments are not popular in Southeast Asia, this book has argued convincingly that the region’s state engagement with international standards has been done and evolved beyond signatory and ratification. Ms Palmer's deep understanding of Southeast Asia context has guided us to understand the dynamics process of adapting international criminal justice at the domestic level, which often deals with the discourses related to sovereignty, development, human rights and the rule of law, and the promotion of peace and stability. This book is not only important and needed for the region's debates but also timely!. I would like to thank Ms Palmer for writing this topic and strongly recommend this book to those who are working and interested in the global-local relationship between the states of Southeast Asia and international criminal law.' Yuyun Wahyuningrum, Representative of Indonesia to the ASEAN Intergovernmental Commission on Human Rights (AICHR) (2019-2021)

‘Emma Palmer makes a fresh and welcome contribution to our understanding of the dynamics of international criminal justice in the Asia-Pacific and the way that this has been adapted to local contexts. Her application of an adapted 'localisation theory' to four Southeast Asian examples - Cambodia, Indonesia, the Philippines and Myanmar - is sensitive and insightful, yet challenging and thought-provoking.' Suzannah Linton, Professor of International Law

‘Emma Palmer has invested enormous time and effort in the region of Southeast Asian to engage with and to understand approaches to international criminal justice in our part of the world. Her investment manifests in an authentic and insightful analysis of four case studies: Cambodia, the Philippines, Indonesia and Myanmar. This rich and nuanced comparative study is a wonderful contribution to the literature - in stark contrast to overly-simplistic and much less granular analyses.’ Tim McCormack, Dean of the University of Tasmania Law School and Special Adviser on International Humanitarian Law to the Prosecutor of the International Criminal

‘Dr Palmer’s field work is as impressive as it is comprehensive, resulting in exceptionally interesting information and insightful analysis. I highly recommend Adapting International Criminal Justice in Southeast Asia ...’ Michael G. Karnavas, International Criminal Law

From the Publisher