Advancing international criminal justice in southeast Asia through the regionalisation of international criminal law
Only two Association of Southeast Asian Nations (ASEAN) countries have ratified the International Criminal Court (ICC) Statute, and this number is unlikely to change dramatically in the near future. This research thus considers how international criminal justice (ICrimJ) can be advanced through the...
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| Format: | Thesis (University of Nottingham only) |
| Language: | English |
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2014
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| Online Access: | https://eprints.nottingham.ac.uk/27831/ |
| _version_ | 1848793450099507200 |
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| author | Tan, Alvin Poh Heng |
| author_facet | Tan, Alvin Poh Heng |
| author_sort | Tan, Alvin Poh Heng |
| building | Nottingham Research Data Repository |
| collection | Online Access |
| description | Only two Association of Southeast Asian Nations (ASEAN) countries have ratified the International Criminal Court (ICC) Statute, and this number is unlikely to change dramatically in the near future. This research thus considers how international criminal justice (ICrimJ) can be advanced through the regionalisation of international criminal law (ICL), whilst also serving the interests of ASEAN Member States. The theoretical appeal, practical viability, and political acceptability of regional ICrimJ mechanisms are accordingly examined. Given that the establishment of the ICC has challenged the absolute sovereignty of States over the prosecution of international crimes, regional initiatives have added political allure as they not only better reflect local legal norms and political considerations, but also place the selection of ‘regional crimes’ and enforcement measures primarily in the hands of regional countries. In recognition of the 'ASEAN way' of making decisions, regional initiatives to further ICrimJ in Southeast Asia should be implemented gradually and driven internally through consultation and consensus. Moreover, to achieve the overarching ASEAN goal of maintaining regional peace and security, the modalities and practical effects of ICrimJ may require greater emphasis on deterrence and reconciliation, instead of punishment.
The prospect and efficacy of a regional ICrimJ mechanism however also depends, inter alia, on the availability of institutional infrastructure and resources, and will understandably differ between regions. Nevertheless, some general conclusions about the value and attractiveness of a regional approach to ICrimJ can be drawn. Despite variations on what may constitute justice in different geographic areas, these generalisations are useful because they reveal the incentives and favourable conditions for efforts at the regional level. The research therefore proffers a basic framework to assess the costs and benefits of regional solutions against domestic or international methods of enforcing ICL, and determine which may best serve ICrimJ in each unique situation and circumstance. |
| first_indexed | 2025-11-14T19:00:29Z |
| format | Thesis (University of Nottingham only) |
| id | nottingham-27831 |
| institution | University of Nottingham Malaysia Campus |
| institution_category | Local University |
| language | English |
| last_indexed | 2025-11-14T19:00:29Z |
| publishDate | 2014 |
| recordtype | eprints |
| repository_type | Digital Repository |
| spelling | nottingham-278312025-02-28T11:32:32Z https://eprints.nottingham.ac.uk/27831/ Advancing international criminal justice in southeast Asia through the regionalisation of international criminal law Tan, Alvin Poh Heng Only two Association of Southeast Asian Nations (ASEAN) countries have ratified the International Criminal Court (ICC) Statute, and this number is unlikely to change dramatically in the near future. This research thus considers how international criminal justice (ICrimJ) can be advanced through the regionalisation of international criminal law (ICL), whilst also serving the interests of ASEAN Member States. The theoretical appeal, practical viability, and political acceptability of regional ICrimJ mechanisms are accordingly examined. Given that the establishment of the ICC has challenged the absolute sovereignty of States over the prosecution of international crimes, regional initiatives have added political allure as they not only better reflect local legal norms and political considerations, but also place the selection of ‘regional crimes’ and enforcement measures primarily in the hands of regional countries. In recognition of the 'ASEAN way' of making decisions, regional initiatives to further ICrimJ in Southeast Asia should be implemented gradually and driven internally through consultation and consensus. Moreover, to achieve the overarching ASEAN goal of maintaining regional peace and security, the modalities and practical effects of ICrimJ may require greater emphasis on deterrence and reconciliation, instead of punishment. The prospect and efficacy of a regional ICrimJ mechanism however also depends, inter alia, on the availability of institutional infrastructure and resources, and will understandably differ between regions. Nevertheless, some general conclusions about the value and attractiveness of a regional approach to ICrimJ can be drawn. Despite variations on what may constitute justice in different geographic areas, these generalisations are useful because they reveal the incentives and favourable conditions for efforts at the regional level. The research therefore proffers a basic framework to assess the costs and benefits of regional solutions against domestic or international methods of enforcing ICL, and determine which may best serve ICrimJ in each unique situation and circumstance. 2014-12-09 Thesis (University of Nottingham only) NonPeerReviewed application/pdf en arr https://eprints.nottingham.ac.uk/27831/1/Thesis.pdf Tan, Alvin Poh Heng (2014) Advancing international criminal justice in southeast Asia through the regionalisation of international criminal law. PhD thesis, University of Nottingham. asean se asia south east asia southeast asia international criminal law international criminal justice icc international criminal court |
| spellingShingle | asean se asia south east asia southeast asia international criminal law international criminal justice icc international criminal court Tan, Alvin Poh Heng Advancing international criminal justice in southeast Asia through the regionalisation of international criminal law |
| title | Advancing international criminal justice in southeast Asia through the regionalisation of international criminal law |
| title_full | Advancing international criminal justice in southeast Asia through the regionalisation of international criminal law |
| title_fullStr | Advancing international criminal justice in southeast Asia through the regionalisation of international criminal law |
| title_full_unstemmed | Advancing international criminal justice in southeast Asia through the regionalisation of international criminal law |
| title_short | Advancing international criminal justice in southeast Asia through the regionalisation of international criminal law |
| title_sort | advancing international criminal justice in southeast asia through the regionalisation of international criminal law |
| topic | asean se asia south east asia southeast asia international criminal law international criminal justice icc international criminal court |
| url | https://eprints.nottingham.ac.uk/27831/ |