Carsten Stahn
Biographic Data
| ID | 3423601 |
|---|---|
| NAME | Carsten Stahn |
| GIVEN NAMES | Carsten |
| FAMILY NAME | Stahn |
| SIGNATURE | STAHN C |
| AFFILIATIONS | Leiden University |
| ORCID | 0000-0002-3187-5497 |
| VERIFIED | Yes |
| TOTAL WORKS | 34 |
| TOTAL CITATIONS | 93 |
| AUTHOR COUNT | 32 |
| EDITOR COUNT | 2 |
| FIRST PUBLICATION YEAR | 2001 |
| LATEST PUBLICATION YEAR | 2025 |
| H-INDEX | 5 |
Piercing the Colonial Veil
Crimes against humanity have a longer grounding in colonial history than publicly acknowledged. The crimes against children of mixed European and African ancestry (Métis) throughout Belgian colonial rule in the Congo are a paradigm example. In the aftermath of the 1884–1885 Berlin Conference, historian George Washington Williams called for the prosecution of the mistreatment and discrimination of such children under King Leopold’s rule in the Fre…
Eingegangene Bücher
Confronting Colonial Objects: Histories, Legalities, and Access to Culture
Beyond “To Return or Not To Return” – The Benin Bronzes as a Game Changer
“These works notably stand among the highest heights of European casting”. This is what Felix von Luschan, the curator of the ethnographic museum in Berlin, wrote in 1919 in his book on the Benin objects. Their looting in 1897 foreshadowed a scramble for cultural colonial objects in the heydays of colonial collecting. Today, they stand at the forefront of discussions on return, including new forms of consent, ownership, or re-appropriation. They …
Confronting Colonial Amnesia
Colonial injustice has suffered from the effects of amnesia in international law. Law has served as an instrument to justify injustice in the past and to silence its contemporary effects. The rise of the ‘Black Lives Matter’ movement, TWAIL scholarship and the current debate on racism, slavery and return of cultural colonial objects illustrate the ongoing effects of colonialism. Some seemingly neutral principles and institutions of international …
Reckoning with colonial injustice: International law as culprit and as remedy
An abstract is not available for this content. As you have access to this content, full HTML content is provided on this page. A PDF of this content is also available in through the 'Save PDF' action button
Environmental Protection and Transitions from Conflict to Peace: Clarifying Norms, Principles, and Practices
This book is the first targeted work in the legal literature that investigates environmental challenges in the aftermath of conflict. The volume brings together academics, policy-makers, and practitioners from different disciplines to clarify policies and practices of environmental protection and key legal considerations related to normative frameworks (e.g. international environmental law, international humanitarian law, transitional justice, an…
Damned If You Do, Damned If You Don’t
Preliminary examinations are one of the most important, yet under studied elements of International Criminal Court (ICC) practice. Hardly any policy document raises greater anxiety than the yearly Office of the Prosecutor (OTP) report on preliminary examinations. The current docket covers some of the world's most daunting crises (e.g. Ukraine, Palestine, Iraq and Afghanistan).When the Rome Statute was drafted, little attention was devoted to prel…
Between Constructive Engagement, Collusion and Critical Distance: The ICRC and the Development of International Criminal Law
This article examines the approach and relationship of the ICRC to International Criminal Law. It argues that the International Committee of the Red Cross's (ICRC) position navigates between normative support, collusion and institutional restraint. The ICRC has shaped some of the foundations of contemporary criminal justice, through its early focus on the implementation of International Humanitarian Law (e.g., through implementation and prosecuti…
Evolution, Revolution or New Culture? The Changing Anatomy of International Criminal Justice (and Some of Its Curiosities)
The history of international criminal justice bears synergies with classical drama. This contribution investigates the changing anatomy of international criminal justice. It argues that international criminal justice navigates between salvation and apology. It first examines some of the inherent features and cultures that characterize international criminal justice. It then draws on the concept of ‘culture shock’ to explain some of the current di…
Marital Stress or Grounds for Divorce? Re-Thinking the Relationship Between R2P and International Criminal Justice
This article analyzes the relationship between R2P and international criminal justice. Both projects draw on similar foundations, such as 'sovereignty as responsibility', a humanity-based defence of international authority and complementarity-oriented response schemes to atrocity crimes. In past years, they have become subject to a number of common criticisms that are typical of other forms of international humanitarianism: application of double …
From ‘conference machinery’ to ‘global administration’?: International executive authority beyond Hammarskjöld
Over the past decades, international law has seen a revival of international executive authority. Multilateral institutions exercise roles and functions of a public nature that are not unlike those performed by non-secular entities (e.g. the Church) in previous centuries. International organisations act as service providers or defenders of ‘global public goods’. The focus on executive action in international law may be traced back to the nineteen…
Peace Diplomacy, Global Justice and International Agency: Rethinking Human Security and Ethics in the Spirit of Dag Hammarskjöld
Justice Delivered or Justice Denied
Journal Article Justice Delivered or Justice Denied? The Legacy of the Katanga Judgment Get access Carsten Stahn Carsten Stahn * * Professor of International Criminal Law and Global Justice, Leiden University. I would like to thanks Jens Iverson, Dov Jacobs, Hector Olásolo and the reviewers for their helpful advice and comments. [[email protected]] Search for other works by this author on: Oxford Academic Google Scholar Journal of Interna…
Syria and the Semantics of Intervention, Aggression and Punishment: On 'Red Lines' and 'Blurred Lines
The Syria crisis marked one of the greatest turns in the history of intervention. In late August and September 2013, military strikes were contemplated in response to the use of chemical weapons on 21 August 2013 against civilians near Damascus. Use of force was averted through an unexpected shift in diplomacy, i.e. Syria’s agreement on the destruction of its chemical weapons and the adoption of a framework for disarmament, compliance and politic…
The Future of International Legal Scholarship: Some Thoughts on ‘Practice’, ‘Growth’, and ‘Dissemination’
Like international legal scholarship, LJIL is in transition. Our colleagues, Larissa van den Herik and Jean d'Aspremont, who have shaped much of the role and plural identity of the journal over the past decade, in collaboration with our different sections, have passed leadership on to us, the new team of (co-)editors-in-chief. This editorial reflects on the changing role and function of scholarship in international law, a theme important to our p…
Libya, the International Criminal Court and Complementarity: A Test for 'Shared Responsibility
Journal Article Libya, the International Criminal Court and Complementarity: A Test for 'Shared Responsibility' Get access Carsten Stahn Carsten Stahn * * Professor of International Criminal Law and Global Justice, Leiden University. [[email protected]] Search for other works by this author on: Oxford Academic Google Scholar Journal of International Criminal Justice, Volume 10, Issue 2, May 2012, Pages 325–349, https://doi.org/10.1093/jic…
Perspectives on Katanga: An Introduction
The principle of complementarity is one the cardinal features of the architecture of the Rome Statute. Complementarity provides not only a forum to advocate overlapping competencies and litigate jurisdictional disputes over admissibility (e.g. Articles 17 and 19), but marks the foundation of the Statute as a multidimensional system of justice (e.g. Preamble, Article 1). This topic has been a focus of attention of the Court since its very inceptio…
The ‘End’, the ‘Beginning of the End’ or the ‘End of the Beginning’? Introducing Debates and Voices on the Definition of ‘Aggression’
On 11 June 2010, the first Review Conference of the International Criminal Court (ICC) adopted Resolution RC/Res. 6 on the ‘Crime of Aggression’ by consensus, after years of debates and negotiations in the framework of the Preparatory Commission for the International Criminal Court and the Special Working Group on the Crime of Aggression. The resolution includes a definition of the crime of aggression and the conditions under which the Court coul…
Complementarity: A Tale of Two Notions
The International Criminal Court and Co-operation: Introductory Note
Co-operation has proved to be one of the greatest challenges in the first practice of the International Criminal Court (ICC). The Court cannot fulfil its mandate effectively without co-operation from states, international organizations, and other actors. The Prosecutor requires co-operation and assistance at various stages of proceedings (preliminary examination, investigation, judicial proceedings) in order to conduct investigations and prosecut…
The International Criminal Court and the Shortcomings of Domestic Legislation: Introductory Note
In this issue the section on the International Criminal Court (ICC) contains two articles with a special focus on problems related to implementing legislation and co-operation with the Court (Zsuzsanna Deen-Racsmány's ‘Lessons of the European Arrest Warrant for Domestic Implementation of the Obligation to Surrender Nationals to the International Criminal Court’ and Héctor Olásolo's ‘The Lack of Attention to the Distinction between Situations and …
Responsibility to Protect: Political Rhetoric or Emerging Legal Norm
An abstract is not available for this content so a preview has been provided. Please use the Get access link above for information on how to access this content
Connally Reservation
Between Harmonization and Fragmentation: New Groundwork on Ad Hoc Criminal Courts and Tribunals
Guénaël Mettraux, International Crimes and the Ad Hoc Tribunals , Oxford, Oxford University Press, 2005, ISBN 0199271550, 474 pp., £75.00 (hb). Cesare P. R. Romano, André Nollkaemper, and Jann Kleffner (eds.), Internationalized Criminal Courts: Sierra Leone, East Timor, Kosovo and Cambodia , Oxford, Oxford University Press, 2005, ISBN 0199276730, 550 pp., £75.00 (hb)
Responsibility to Protect: Political Rhetoric or Emerging Legal Norm
An abstract is not available for this content so a preview has been provided. Please use the Get access link above for information on how to access this content
The Geometry of Transitional Justice: Choices of Institutional Design
Recent years have seen a proliferation of forms of transitional justice, ranging from pure truth and reconciliation formulas to various integrated approaches, combining international or internationalized trials with alternative forms of justice. Many of these phenomena have been examined in individual case studies. However, few attempts have been made to put the various pieces of the puzzle together and to analyze the merits and pitfalls of diffe…
Accommodating Individual Criminal Responsibility and National Reconciliation: The UN Truth Commission for East Timor
The population of East Timor has been subjected to severe human rights violations, in both the near and the more distant past.1 Indonesia invaded the former Portuguese colony and non-self-governing territory under Chapter XI of the United Nations Charter on December 7,1975, after a period of civil turmoil and political instability marked by parallel claims to independence and calls for integration into Indonesia.2 The Indonesian invasion brought …
Confronting Colonial Amnesia
Colonial injustice has suffered from the effects of amnesia in international law. Law has served as an instrument to justify injustice in the past and to silence its contemporary effects. The rise of the ‘Black Lives Matter’ movement, TWAIL scholarship and the current debate on racism, slavery and return of cultural colonial objects illustrate the ongoing effects of colonialism. Some seemingly neutral principles and institutions of international …
Constitution Without a State? Kosovo Under the United Nations Constitutional Framework for Self-Government
On 15 May 2001 the Head of the United Nations Interim Administration in Kosovo (‘UNMIK’) signed into law Regulation 2001/9 establishing a Constitutional Framework for Provisional Self-Government in Kosovo. The document creates a provisional institutional framework for the exercise of public authority by Kosovo's institutions of self-government during the territory's administration under United Nations rule. UNMIK delegates important parts of its …
The Ambiguities of Security Council Resolution 1422 (2002)
SC Resolution 1422 (2002) is one of the most controversial resolutions of the Security Council. In order to surmount the United States' threat to block future UN peacekeeping missions, the members of the Council voted in favour of a resolution that requests the ICC to defer potential prosecutions of peacekeepers from non‐state parties to the Statute for a 12‐month period. What has been praised as a 'pragmatic solution' to the US demands is in fac…
Beyond “To Return or Not To Return” – The Benin Bronzes as a Game Changer
“These works notably stand among the highest heights of European casting”. This is what Felix von Luschan, the curator of the ethnographic museum in Berlin, wrote in 1919 in his book on the Benin objects. Their looting in 1897 foreshadowed a scramble for cultural colonial objects in the heydays of colonial collecting. Today, they stand at the forefront of discussions on return, including new forms of consent, ownership, or re-appropriation. They …
Reckoning with colonial injustice: International law as culprit and as remedy
An abstract is not available for this content. As you have access to this content, full HTML content is provided on this page. A PDF of this content is also available in through the 'Save PDF' action button
Marital Stress or Grounds for Divorce? Re-Thinking the Relationship Between R2P and International Criminal Justice
This article analyzes the relationship between R2P and international criminal justice. Both projects draw on similar foundations, such as 'sovereignty as responsibility', a humanity-based defence of international authority and complementarity-oriented response schemes to atrocity crimes. In past years, they have become subject to a number of common criticisms that are typical of other forms of international humanitarianism: application of double …
Enforcement of the Collective Will After Iraq
An abstract is not available for this content so a preview has been provided. Please use the Get access link above for information on how to access this content
Damned If You Do, Damned If You Don’t
Preliminary examinations are one of the most important, yet under studied elements of International Criminal Court (ICC) practice. Hardly any policy document raises greater anxiety than the yearly Office of the Prosecutor (OTP) report on preliminary examinations. The current docket covers some of the world's most daunting crises (e.g. Ukraine, Palestine, Iraq and Afghanistan).When the Rome Statute was drafted, little attention was devoted to prel…
Justice Delivered or Justice Denied
Journal Article Justice Delivered or Justice Denied? The Legacy of the Katanga Judgment Get access Carsten Stahn Carsten Stahn * * Professor of International Criminal Law and Global Justice, Leiden University. I would like to thanks Jens Iverson, Dov Jacobs, Hector Olásolo and the reviewers for their helpful advice and comments. [[email protected]] Search for other works by this author on: Oxford Academic Google Scholar Journal of Interna…
The ‘End’, the ‘Beginning of the End’ or the ‘End of the Beginning’? Introducing Debates and Voices on the Definition of ‘Aggression’
On 11 June 2010, the first Review Conference of the International Criminal Court (ICC) adopted Resolution RC/Res. 6 on the ‘Crime of Aggression’ by consensus, after years of debates and negotiations in the framework of the Preparatory Commission for the International Criminal Court and the Special Working Group on the Crime of Aggression. The resolution includes a definition of the crime of aggression and the conditions under which the Court coul…
Complementarity, Amnesties and Alternative Forms of Justice: Some Interpretative Guidelines for the International Criminal Court
The question to what extent amnesties and pardons may bar criminal investigations or prosecutions under the Statute of the International Criminal Court (the Statute) has been left unresolved by the Rome process. This essay seeks to develop some general guidelines that may help the Court to address this problem, should it arise in a specific case. It suggests four basic principles to deal with the issue of amnesties and pardons: (i) the Court has …
The International Criminal Court’s Ad Hoc Jurisdiction Revisited
Article 12(3) of the Rome Statute of the International Criminal Court (ICC), which allows a state that is not a party to the Statute to “accept the exercise of jurisdiction by the Court” by way of a declaration lodged with the registrar, is one of the Statute's most inconspicuous provisions. It has attracted only brief notice either in the general literature on the jurisdiction of the ICC or in the particular context of the debate over U.S. objec…
United Nations peace-building, amnesties and alternative forms of justice: A change in practice
La pratique des Nations Unies concernant l'amnistie des crimes internationaux s'est fortement développée au cours des vingt dernières années. L'organisation mondiale a d'abord été peu restrictive dans ses efforts de consolidation de la paix, en adhérant à des accords de paix garantissant une amnistie générale. Les commissions de vérité ont cependant complété ces amnisties. L'auteur démontre que les clauses d'amnistie dans les accords de paix devi…
The Agreement on Succession Issues of the Former Socialist Federal Republic of Yugoslavia
An abstract is not available for this content so a preview has been provided. Please use the Get access link above for information on how to access this content
Constitution Without a State? Kosovo Under the United Nations Constitutional Framework for Self-Government
On 15 May 2001 the Head of the United Nations Interim Administration in Kosovo (‘UNMIK’) signed into law Regulation 2001/9 establishing a Constitutional Framework for Provisional Self-Government in Kosovo. The document creates a provisional institutional framework for the exercise of public authority by Kosovo's institutions of self-government during the territory's administration under United Nations rule. UNMIK delegates important parts of its …
Accommodating Individual Criminal Responsibility and National Reconciliation: The UN Truth Commission for East Timor
The population of East Timor has been subjected to severe human rights violations, in both the near and the more distant past.1 Indonesia invaded the former Portuguese colony and non-self-governing territory under Chapter XI of the United Nations Charter on December 7,1975, after a period of civil turmoil and political instability marked by parallel claims to independence and calls for integration into Indonesia.2 The Indonesian invasion brought …
United Nations peace-building, amnesties and alternative forms of justice: A change in practice
La pratique des Nations Unies concernant l'amnistie des crimes internationaux s'est fortement développée au cours des vingt dernières années. L'organisation mondiale a d'abord été peu restrictive dans ses efforts de consolidation de la paix, en adhérant à des accords de paix garantissant une amnistie générale. Les commissions de vérité ont cependant complété ces amnisties. L'auteur démontre que les clauses d'amnistie dans les accords de paix devi…
The Agreement on Succession Issues of the Former Socialist Federal Republic of Yugoslavia
An abstract is not available for this content so a preview has been provided. Please use the Get access link above for information on how to access this content
The Ambiguities of Security Council Resolution 1422 (2002)
SC Resolution 1422 (2002) is one of the most controversial resolutions of the Security Council. In order to surmount the United States' threat to block future UN peacekeeping missions, the members of the Council voted in favour of a resolution that requests the ICC to defer potential prosecutions of peacekeepers from non‐state parties to the Statute for a 12‐month period. What has been praised as a 'pragmatic solution' to the US demands is in fac…
Enforcement of the Collective Will After Iraq
An abstract is not available for this content so a preview has been provided. Please use the Get access link above for information on how to access this content
Complementarity, Amnesties and Alternative Forms of Justice: Some Interpretative Guidelines for the International Criminal Court
The question to what extent amnesties and pardons may bar criminal investigations or prosecutions under the Statute of the International Criminal Court (the Statute) has been left unresolved by the Rome process. This essay seeks to develop some general guidelines that may help the Court to address this problem, should it arise in a specific case. It suggests four basic principles to deal with the issue of amnesties and pardons: (i) the Court has …
The Geometry of Transitional Justice: Choices of Institutional Design
Recent years have seen a proliferation of forms of transitional justice, ranging from pure truth and reconciliation formulas to various integrated approaches, combining international or internationalized trials with alternative forms of justice. Many of these phenomena have been examined in individual case studies. However, few attempts have been made to put the various pieces of the puzzle together and to analyze the merits and pitfalls of diffe…
The International Criminal Court’s Ad Hoc Jurisdiction Revisited
Article 12(3) of the Rome Statute of the International Criminal Court (ICC), which allows a state that is not a party to the Statute to “accept the exercise of jurisdiction by the Court” by way of a declaration lodged with the registrar, is one of the Statute's most inconspicuous provisions. It has attracted only brief notice either in the general literature on the jurisdiction of the ICC or in the particular context of the debate over U.S. objec…
Connally Reservation
Between Harmonization and Fragmentation: New Groundwork on Ad Hoc Criminal Courts and Tribunals
Guénaël Mettraux, International Crimes and the Ad Hoc Tribunals , Oxford, Oxford University Press, 2005, ISBN 0199271550, 474 pp., £75.00 (hb). Cesare P. R. Romano, André Nollkaemper, and Jann Kleffner (eds.), Internationalized Criminal Courts: Sierra Leone, East Timor, Kosovo and Cambodia , Oxford, Oxford University Press, 2005, ISBN 0199276730, 550 pp., £75.00 (hb)
The International Criminal Court and the Shortcomings of Domestic Legislation: Introductory Note
In this issue the section on the International Criminal Court (ICC) contains two articles with a special focus on problems related to implementing legislation and co-operation with the Court (Zsuzsanna Deen-Racsmány's ‘Lessons of the European Arrest Warrant for Domestic Implementation of the Obligation to Surrender Nationals to the International Criminal Court’ and Héctor Olásolo's ‘The Lack of Attention to the Distinction between Situations and …
Responsibility to Protect: Political Rhetoric or Emerging Legal Norm
An abstract is not available for this content so a preview has been provided. Please use the Get access link above for information on how to access this content
Complementarity: A Tale of Two Notions
The International Criminal Court and Co-operation: Introductory Note
Co-operation has proved to be one of the greatest challenges in the first practice of the International Criminal Court (ICC). The Court cannot fulfil its mandate effectively without co-operation from states, international organizations, and other actors. The Prosecutor requires co-operation and assistance at various stages of proceedings (preliminary examination, investigation, judicial proceedings) in order to conduct investigations and prosecut…
Perspectives on Katanga: An Introduction
The principle of complementarity is one the cardinal features of the architecture of the Rome Statute. Complementarity provides not only a forum to advocate overlapping competencies and litigate jurisdictional disputes over admissibility (e.g. Articles 17 and 19), but marks the foundation of the Statute as a multidimensional system of justice (e.g. Preamble, Article 1). This topic has been a focus of attention of the Court since its very inceptio…
The ‘End’, the ‘Beginning of the End’ or the ‘End of the Beginning’? Introducing Debates and Voices on the Definition of ‘Aggression’
On 11 June 2010, the first Review Conference of the International Criminal Court (ICC) adopted Resolution RC/Res. 6 on the ‘Crime of Aggression’ by consensus, after years of debates and negotiations in the framework of the Preparatory Commission for the International Criminal Court and the Special Working Group on the Crime of Aggression. The resolution includes a definition of the crime of aggression and the conditions under which the Court coul…
Libya, the International Criminal Court and Complementarity: A Test for 'Shared Responsibility
Journal Article Libya, the International Criminal Court and Complementarity: A Test for 'Shared Responsibility' Get access Carsten Stahn Carsten Stahn * * Professor of International Criminal Law and Global Justice, Leiden University. [[email protected]] Search for other works by this author on: Oxford Academic Google Scholar Journal of International Criminal Justice, Volume 10, Issue 2, May 2012, Pages 325–349, https://doi.org/10.1093/jic…
Syria and the Semantics of Intervention, Aggression and Punishment: On 'Red Lines' and 'Blurred Lines
The Syria crisis marked one of the greatest turns in the history of intervention. In late August and September 2013, military strikes were contemplated in response to the use of chemical weapons on 21 August 2013 against civilians near Damascus. Use of force was averted through an unexpected shift in diplomacy, i.e. Syria’s agreement on the destruction of its chemical weapons and the adoption of a framework for disarmament, compliance and politic…
The Future of International Legal Scholarship: Some Thoughts on ‘Practice’, ‘Growth’, and ‘Dissemination’
Like international legal scholarship, LJIL is in transition. Our colleagues, Larissa van den Herik and Jean d'Aspremont, who have shaped much of the role and plural identity of the journal over the past decade, in collaboration with our different sections, have passed leadership on to us, the new team of (co-)editors-in-chief. This editorial reflects on the changing role and function of scholarship in international law, a theme important to our p…
From ‘conference machinery’ to ‘global administration’?: International executive authority beyond Hammarskjöld
Over the past decades, international law has seen a revival of international executive authority. Multilateral institutions exercise roles and functions of a public nature that are not unlike those performed by non-secular entities (e.g. the Church) in previous centuries. International organisations act as service providers or defenders of ‘global public goods’. The focus on executive action in international law may be traced back to the nineteen…
Peace Diplomacy, Global Justice and International Agency: Rethinking Human Security and Ethics in the Spirit of Dag Hammarskjöld
Justice Delivered or Justice Denied
Journal Article Justice Delivered or Justice Denied? The Legacy of the Katanga Judgment Get access Carsten Stahn Carsten Stahn * * Professor of International Criminal Law and Global Justice, Leiden University. I would like to thanks Jens Iverson, Dov Jacobs, Hector Olásolo and the reviewers for their helpful advice and comments. [[email protected]] Search for other works by this author on: Oxford Academic Google Scholar Journal of Interna…
Evolution, Revolution or New Culture? The Changing Anatomy of International Criminal Justice (and Some of Its Curiosities)
The history of international criminal justice bears synergies with classical drama. This contribution investigates the changing anatomy of international criminal justice. It argues that international criminal justice navigates between salvation and apology. It first examines some of the inherent features and cultures that characterize international criminal justice. It then draws on the concept of ‘culture shock’ to explain some of the current di…
Marital Stress or Grounds for Divorce? Re-Thinking the Relationship Between R2P and International Criminal Justice
This article analyzes the relationship between R2P and international criminal justice. Both projects draw on similar foundations, such as 'sovereignty as responsibility', a humanity-based defence of international authority and complementarity-oriented response schemes to atrocity crimes. In past years, they have become subject to a number of common criticisms that are typical of other forms of international humanitarianism: application of double …
Political science (31 works) · Law (25 works) · International Law and Human Rights (21 works) · Law (21 works) · Sociology (20 works) · Global Peace and Security Dynamics (18 works) · International law (12 works) · Economic Justice (8 works) · Peacebuilding and International Security (7 works) · Politics (7 works)