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  • 1.
    Klamberg, Mark
    Uppsala University, Disciplinary Domain of Humanities and Social Sciences, Faculty of Law, Department of Law. Stockholms universitet, Juridiska institutionen.
    What are the Objectives of International Criminal Procedure?: Reflections on the Fragmentation of a Legal Regime2010In: Nordic Journal of International Law, ISSN 0902-7351, E-ISSN 1571-8107, Vol. 79, no 2, p. 279-302Article in journal (Other academic)
    Abstract [en]

    International criminal courts pursue several objectives including retribution, deterrence, creating a historical record and giving a voice to the victims while the rights of the accused are protected. A problem is that these objectives pull in different directions creating tensions and fragmentation in the procedural system. Numerous legal issues, referred to as ‘hard cases’, entail a choice where the Judge has to make a choice between two or several objectives. In the interest of legal certainty solutions should ultimately controlled by the law and not by the discretion of the Judge. This article examines whether it is possible to identify a universally acceptable hierarchy of objectives. It is argued that the relevant objectives which determine the outcome of a hard case vary depending on the procedural stage and in each procedural stage there is a structural bias towards one or several objectives. Considering that law exists as a response to several social needs, it appears as unattainable to identify a universal and fixed hierarchy of objectives.

  • 2.
    Österdahl, Inger
    Uppsala University, Disciplinary Domain of Humanities and Social Sciences, Faculty of Law, Department of Law.
    Challenge or confirmation? The role of the Swedish parliament in the decision-making on the use of force2011In: Nordic Journal of International Law, ISSN 0902-7351, E-ISSN 1571-8107, Vol. 80, no 1, p. 25-93Article in journal (Refereed)
  • 3.
    Österdahl, Inger
    Uppsala University, Disciplinary Domain of Humanities and Social Sciences, Faculty of Law, Department of Law.
    Dangerous liaison: The disappearing dichotomy between jus ad bellum and in bello2009In: Nordic Journal of International Law, ISSN 0902-7351, E-ISSN 1571-8107, Vol. 78, p. 553-566Article in journal (Refereed)
  • 4.
    Österdahl, Inger
    Uppsala University, Disciplinary Domain of Humanities and Social Sciences, Faculty of Law, Department of Law.
    The Neutral Ally: The European Security and Defence Policy and the Swedish Constitution2009In: Nordic Journal of International Law, ISSN 0902-7351, E-ISSN 1571-8107, Vol. 78, p. 95-132Article in journal (Refereed)
  • 5.
    Österdahl, Inger
    Uppsala University, Disciplinary Domain of Humanities and Social Sciences, Faculty of Law, Department of Law.
    The responsibility to protect and the responsibility while protecting: Why did Brazil write a letter to the UN?2013In: Nordic Journal of International Law, ISSN 0902-7351, E-ISSN 1571-8107, Vol. 82, no 4, p. 459-486Article in journal (Refereed)
    Abstract [en]

    The responsibility to protect was invoked by the United Nations (UN) Security Council in support of its authorization of a military intervention in Libya in 2011. In the wake of the intervention, Brazil approached the UN with a new doctrine: the responsibility while protecting. The responsibility while protecting implies a greater degree of caution on the part of the international community in its exercise of the responsibility to protect. Intentionally or unintentionally Brazil mixes aspects of the jus ad helium with aspects of the jus in bello in the new doctrine. This is controversial and potentially detrimental to both areas of law. An additional layer of limitations on the use of armed force in multinational peace operations is introduced beyond the existing restrictions on warfare following from international humanitarian law. A lack of clarity pertaining to the use of force and to the respective roles of the Security Council and the General Assembly in this respect in the exercise of the responsibility to protect contribute to making the responsibility while protecting seem increasingly enigmatic. Interpreted constructively, however, the responsibility while protecting simply urges the international community to follow international law. This would be good.

  • 6.
    Österdahl, Inger
    Uppsala University, Disciplinary Domain of Humanities and Social Sciences, Faculty of Law, Department of Law.
    The Use of Force: Sweden, the Jus ad Bellum and the European Security and Defence Policy2010In: Nordic Journal of International Law, ISSN 0902-7351, E-ISSN 1571-8107, Vol. 79, p. 141-188Article in journal (Refereed)
1 - 6 of 6
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