2022/ 2023

Raphael Oidtmann

Mobility Phase: iCourts, Copenhagen | International Criminal Court, The Hague

Fighting Impunity Through Intermediaries – The European Union, International Criminal Justice, and the Rule of Law in Times of War

Raphael currently serves as a parliamentary and legal advisor to the State Parliament of Hesse and holds appointments as adjunct lecturer at Mannheim Law School, associate researcher at the Max Planck Institute for Comparative Public Law and International Law, and associate postgraduate at Centre Marc Bloch. Previously, he was the scientific advisor to the executive director at the Peace Research Institute Frankfurt and held positions as a research fellow and lecturer at the universities of Mannheim and Mainz. Raphael holds master’s degrees in political science (Johannes Gutenberg University Mainz), international and comparative law (University of Mannheim & University of Adelaide) and international relations (University of Cambridge), respectively, and currently finalizes a PhD dissertation project at Goethe University Frankfurt. His principal teaching and research interests pertain to international law, international criminal law, human rights and the law of armed conflict as well as international relations theory and history, geopolitics, international security studies and European Union integration. His research focusses on (1) the actorness qualities of international institutions, especially international courts, (2) the interplay of global health and international law, and (3) questions of implementing and maintaining jurisdiction in areas of limited statehood (such as the High Seas, the Arctic, or Antarctica).

Fighting Impunity Through Intermediaries – The European Union, International Criminal Justice, and the Rule of Law in Times of War

Article 2 of the Treaty on European Union (TEU) enshrines the rule of law as a foundational principle governing the European Union (EU) and distinguishes it as a value shared amongst its Member States. The long-lived conviction that the rule of law would constitute a given certainty firmly established across the European continent, however, has been contested in recent years. This notwithstanding, the EU has continued to support and strengthen (multilateral) judicial institutions abroad under a distinct rule of law paradigm. The EU has hence particularly increased its efforts to bolster the rule of law through the domains of international criminal justice and human rights protection, thereby fighting impunity for international crimes through distinct international (adjudicative) fora, such as the International Criminal Court. The EU’s very own definition of impunity as well as the notion of how this perception might influence respective EU policies and legislation, however, has remained rather vague -including with a view towards the eventual prosecution of and adjudication on international crimes. The project aims at comprehensively retracing, analysing, and contextualising the direct and indirect patterns by and through which the EU has attempted to empower intermediaries in international criminal justice, thereby supporting their fight against impunity.