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Journal of International Criminal Justice Advance Access originally published online on February 9, 2009
Journal of International Criminal Justice 2009 7(1):177-199; doi:10.1093/jicj/mqn080
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© Oxford University Press, 2009, All rights reserved. For permissions, please email: journals.permissions@oxfordjournals.org

The Court-martial of Corporal Payne and Others and the Future Landscape of International Criminal Justice

Nathan Rasiah*

* BA (Cantab.), Pupil Barrister, 23 Essex Street and Legal Assistant, ICTY.

[nathanrasiah{at}googlemail.com]


   Abstract

The court-martial of Corporal Payne and others involved the first charges brought under the International Criminal Court (ICC) Act in the United Kingdom, and led to the first British soldier ever to be convicted for a war crime under international law. But the significance of the case extends far beyond its national implications; it represents an important illustration of the national-level accountability heralded by the ICC regime. This article critically examines the court-martial of Corporal Payne and others, and uses this analysis as the basis of a broader exploration of the contrast between domestic courts-martial and international courts as fora for trying international crimes. The final part of the article explores the potential significance of that dichotomy for the future landscape of international criminal justice.


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