Kirsten J Fisher
Biographic Data
| ID | 1013993 |
|---|---|
| NAME | Kirsten J Fisher |
| GIVEN NAMES | Kirsten J |
| FAMILY NAME | Fisher |
| SIGNATURE | FISHER K J |
| AFFILIATIONS | University of Saskatchewan |
| ORCID | 0000-0002-2028-7948 |
| VERIFIED | Yes |
| TOTAL WORKS | 13 |
| TOTAL CITATIONS | 8 |
| AUTHOR COUNT | 13 |
| EDITOR COUNT | 0 |
| FIRST PUBLICATION YEAR | 2006 |
| LATEST PUBLICATION YEAR | 2025 |
| H-INDEX | 2 |
Post-conflict political subjecthood, identity narratives, and children born of forced marriages in Uganda’s LRA
The Barlonyo Massacre, Ongwen’s Trial, and ICC Reparations
The International Criminal Court’s reparations mandate is a core feature of the court’s ‘more victim-centric approach’ to criminal justice. While there has been interest in victims’ expectations and satisfaction in regard to the court’s cases, scholars have focused on victims’ participation in trials and not how expectations and disappointment are influenced by investigations, the passage of time, and the promise (explicit or not) of reparations …
Meandering along the ICL Path
International criminal law (ICL) is still a fresh adventure. In an attempt to respond to atrocities that 'shock the conscience of humanity' (United Nations 1998), there were starts and stops and stumbles. The project of holding individuals accountable developed slowly, then came to a halt before regaining momentum; it faced charges of partiality and injustice, but is seen by many as a bright path in a fight to end impunity for perpetrators of per…
The Expressive Value of Prosecuting Aged Defendants
A common normative justification for criminal trials is their expressive value. The prosecution of aged defendants, especially those with deteriorating health, seemingly presents new expressive challenges, where the value of judging and punishing past wrongs seems to conflict with sympathies for the elderly, the seeming futility of prosecuting individuals who are unlikely to serve much of a sentence if convicted, and the seeming cruelty of puttin…
Messages from the Expressive Nature of icc Reparations
There are great hopes for the International Criminal Court’s ( icc ’s) reparative aspirations, which are regarded as an answer to demands for more victim-centric approaches to the pursuit of justice for atrocity crimes. Reparations are recognised as a right of victims, and it seems appropriate that the icc should attempt to combine reparations with its retributive approach to addressing grave human right abuses. However, the potential negative co…
International Criminal ‘Lawfare’ and its Potential Effects on Post-Conflict Positive Peace
This article examines how ‘international criminal lawfare’ (ICLf) has the potential to be a tool either to usher in a foundation of trust necessary to establish positive peace or to negatively affect post-conflict justice enterprises. It argues that problems that arise from ICLf through self-referrals to the icc can be alleviated if the Court would not need to rely on the cooperation and goodwill of parties to the conflict to pursue its investiga…
Canada, the International Criminal Court, and the intersection of international politics and finances
In 2018, Prime Minister Trudeau made two announcements regarding the International Criminal Court, both, it seems, aimed at reinforcing Canada’s claim of human rights promotion and multilateralism: Canada declared Myanmar’s actions against the Rohingya people genocide and urged the United Nations Security Council to refer the situation to the International Criminal Court, and it joined a collective referral of the Venezuela situation to the Court…
Defining a relationship between transitional justice and jus post bellum
While there is an acknowledged overlap of transitional justice and jus post bellum, there has been no real attention to delineating a clear relationship between the two or addressing the significant differences regarding aims, scope and audience. These differences must be acknowledged and a clear relationship between the two fields needs to be demarcated for both intellectual clarity and practical reasons. It seems right to question not only wher…
Africa's role in the progression of international criminal justice
Given the history of the International Criminal Court in Africa, the relationship between African states and the Court is particularly significant to its legitimacy. If the power of the Court is grounded in international political support and the perception that it transcends international and national politics to deny impunity for 'atrocity' crimes, the Court's perceived legitimacy and normative legitimacy are so intertwined that charges of ille…
The Ethics of International Criminal ‘Lawfare’
Despite the expansive employment of the term to refer to appeals to law in ongoing conflict as a tool of war, this article demonstrates how ‘lawfare’ has taken on negative meaning without ethical justification. We argue that the co-opting of the term as a means of condemnation is unfair and potentially detrimental, and a more exacting definition and narrower use of the term are needed to avoid obfuscating potentially purposeful recourses to inter…
Purpose-based or knowledge-based intention for collective wrongdoing in international criminal law
Due to the distinct nature of international crimes such as genocide and crimes against humanity originating out of and contributing to the pervasive collective character of mass atrocity, the appropriate mens rea for individual commission of these crimes is difficult to pin down. The mens rea for these international crimes has been deliberated, disputed and inconsistently applied, leaving what it means for individuals to intend to commit crimes o…
The Distinct Character of International Crime
Research Note
Questions concerning how Rawls's theory of justice accords with international criminal justice are largely ignored in favour of extensive debates on questions of distributive justice and how they relate to his theory and its international application. This lack of attention to international criminal law is significant since Rawls claims that his theory of justice is developed to correspond with recent dramatic shifts in international law. This pa…
The Distinct Character of International Crime
The Ethics of International Criminal ‘Lawfare’
Despite the expansive employment of the term to refer to appeals to law in ongoing conflict as a tool of war, this article demonstrates how ‘lawfare’ has taken on negative meaning without ethical justification. We argue that the co-opting of the term as a means of condemnation is unfair and potentially detrimental, and a more exacting definition and narrower use of the term are needed to avoid obfuscating potentially purposeful recourses to inter…
The Barlonyo Massacre, Ongwen’s Trial, and ICC Reparations
The International Criminal Court’s reparations mandate is a core feature of the court’s ‘more victim-centric approach’ to criminal justice. While there has been interest in victims’ expectations and satisfaction in regard to the court’s cases, scholars have focused on victims’ participation in trials and not how expectations and disappointment are influenced by investigations, the passage of time, and the promise (explicit or not) of reparations …
Messages from the Expressive Nature of icc Reparations
There are great hopes for the International Criminal Court’s ( icc ’s) reparative aspirations, which are regarded as an answer to demands for more victim-centric approaches to the pursuit of justice for atrocity crimes. Reparations are recognised as a right of victims, and it seems appropriate that the icc should attempt to combine reparations with its retributive approach to addressing grave human right abuses. However, the potential negative co…
Defining a relationship between transitional justice and jus post bellum
While there is an acknowledged overlap of transitional justice and jus post bellum, there has been no real attention to delineating a clear relationship between the two or addressing the significant differences regarding aims, scope and audience. These differences must be acknowledged and a clear relationship between the two fields needs to be demarcated for both intellectual clarity and practical reasons. It seems right to question not only wher…
Research Note
Questions concerning how Rawls's theory of justice accords with international criminal justice are largely ignored in favour of extensive debates on questions of distributive justice and how they relate to his theory and its international application. This lack of attention to international criminal law is significant since Rawls claims that his theory of justice is developed to correspond with recent dramatic shifts in international law. This pa…
The Distinct Character of International Crime
Purpose-based or knowledge-based intention for collective wrongdoing in international criminal law
Due to the distinct nature of international crimes such as genocide and crimes against humanity originating out of and contributing to the pervasive collective character of mass atrocity, the appropriate mens rea for individual commission of these crimes is difficult to pin down. The mens rea for these international crimes has been deliberated, disputed and inconsistently applied, leaving what it means for individuals to intend to commit crimes o…
The Ethics of International Criminal ‘Lawfare’
Despite the expansive employment of the term to refer to appeals to law in ongoing conflict as a tool of war, this article demonstrates how ‘lawfare’ has taken on negative meaning without ethical justification. We argue that the co-opting of the term as a means of condemnation is unfair and potentially detrimental, and a more exacting definition and narrower use of the term are needed to avoid obfuscating potentially purposeful recourses to inter…
Defining a relationship between transitional justice and jus post bellum
While there is an acknowledged overlap of transitional justice and jus post bellum, there has been no real attention to delineating a clear relationship between the two or addressing the significant differences regarding aims, scope and audience. These differences must be acknowledged and a clear relationship between the two fields needs to be demarcated for both intellectual clarity and practical reasons. It seems right to question not only wher…
Africa's role in the progression of international criminal justice
Given the history of the International Criminal Court in Africa, the relationship between African states and the Court is particularly significant to its legitimacy. If the power of the Court is grounded in international political support and the perception that it transcends international and national politics to deny impunity for 'atrocity' crimes, the Court's perceived legitimacy and normative legitimacy are so intertwined that charges of ille…
International Criminal ‘Lawfare’ and its Potential Effects on Post-Conflict Positive Peace
This article examines how ‘international criminal lawfare’ (ICLf) has the potential to be a tool either to usher in a foundation of trust necessary to establish positive peace or to negatively affect post-conflict justice enterprises. It argues that problems that arise from ICLf through self-referrals to the icc can be alleviated if the Court would not need to rely on the cooperation and goodwill of parties to the conflict to pursue its investiga…
Canada, the International Criminal Court, and the intersection of international politics and finances
In 2018, Prime Minister Trudeau made two announcements regarding the International Criminal Court, both, it seems, aimed at reinforcing Canada’s claim of human rights promotion and multilateralism: Canada declared Myanmar’s actions against the Rohingya people genocide and urged the United Nations Security Council to refer the situation to the International Criminal Court, and it joined a collective referral of the Venezuela situation to the Court…
Messages from the Expressive Nature of icc Reparations
There are great hopes for the International Criminal Court’s ( icc ’s) reparative aspirations, which are regarded as an answer to demands for more victim-centric approaches to the pursuit of justice for atrocity crimes. Reparations are recognised as a right of victims, and it seems appropriate that the icc should attempt to combine reparations with its retributive approach to addressing grave human right abuses. However, the potential negative co…
The Expressive Value of Prosecuting Aged Defendants
A common normative justification for criminal trials is their expressive value. The prosecution of aged defendants, especially those with deteriorating health, seemingly presents new expressive challenges, where the value of judging and punishing past wrongs seems to conflict with sympathies for the elderly, the seeming futility of prosecuting individuals who are unlikely to serve much of a sentence if convicted, and the seeming cruelty of puttin…
Meandering along the ICL Path
International criminal law (ICL) is still a fresh adventure. In an attempt to respond to atrocities that 'shock the conscience of humanity' (United Nations 1998), there were starts and stops and stumbles. The project of holding individuals accountable developed slowly, then came to a halt before regaining momentum; it faced charges of partiality and injustice, but is seen by many as a bright path in a fight to end impunity for perpetrators of per…
The Barlonyo Massacre, Ongwen’s Trial, and ICC Reparations
The International Criminal Court’s reparations mandate is a core feature of the court’s ‘more victim-centric approach’ to criminal justice. While there has been interest in victims’ expectations and satisfaction in regard to the court’s cases, scholars have focused on victims’ participation in trials and not how expectations and disappointment are influenced by investigations, the passage of time, and the promise (explicit or not) of reparations …
Post-conflict political subjecthood, identity narratives, and children born of forced marriages in Uganda’s LRA
Political science (12 works) · Law (11 works) · Sociology (11 works) · Law (10 works) · International Law and Human Rights (8 works) · International law (7 works) · Criminology (6 works) · Global Peace and Security Dynamics (6 works) · Politics (6 works) · Economic Justice (5 works)