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| Author | : Jennifer Biedendorf |
| Publisher | : Rowman & Littlefield |
| Total Pages | : 183 |
| Release | : 2019-08-01 |
| Genre | : Law |
| ISBN | : 1683931807 |
Download Cosmopolitanism and the Development of the International Criminal Court Book in PDF, ePub and Kindle
Cosmopolitanism and the Development of the International Criminal Court analyzes a set of prominent and competing discourses that emerged in the context of the development and establishment of the International Criminal Court (ICC). The ICC is the first permanent juridical body designed to prosecute individuals who commit offences including war crimes, crimes against humanity, and genocide. Drawing on scholarship on public memory and human rights, the book argues that international law and the international human rights system play a key role for the development of transnational memory discourses and transnational or cosmopolitan subjectivities. Despite the International Criminal Court being recognized as a landmark development in global cooperation, an examination of key events in the development of the court shows how some state and nonstate actors advance calls for cosmopolitanism while others resist cosmopolitanism to bolster nation-state sovereignty. Drawing on the establishment of the International Criminal Court as a case study, the book examines several events that continue to shape national and international public discourse. The book examines debates that occurred during the drafting process of the international treaty at the United Nations and that led to the groundbreaking inclusion of provisions on gender and sexual violence in the Rome Statute of the ICC in 1998. The analysis discusses the tension between feminist advocates’ rhetoric and the discourse of anti–women’s rights actors involved in the treaty-making process who resisted such inclusions in international criminal law. The book analyzes other key events related to the establishment of the ICC that invoke tensions between competing demands of cosmopolitanism and national sovereignty, including advocacy campaigns by nongovernmental organizations working to drum up public support of the institution of the International Criminal Court and the debates surrounding the unprecedented act of the United States “unsigning” an international treaty. In sum, this examination of the rhetoric of state and nonstate actors attempting to shape the court according to their visions of global community shows how discourses about international criminal law and human rights are employed not only to advance cosmopolitanism but also to strengthen nationalist discourses.
| Author | : Steven C. Roach |
| Publisher | : Oxford University Press on Demand |
| Total Pages | : 302 |
| Release | : 2009-05-07 |
| Genre | : Law |
| ISBN | : 0199546738 |
Download Governance, Order, and the International Criminal Court Book in PDF, ePub and Kindle
How has the International Criminal Court been able to evolve into a fairly effective, albeit relatively untested multi-level model of global governance? This volume explores this question and the novel predicament it represents for understanding the challenges of extending global governance and promoting global justice.
| Author | : Stella Margariti |
| Publisher | : Springer |
| Total Pages | : 186 |
| Release | : 2017-08-01 |
| Genre | : Law |
| ISBN | : 946265204X |
Download Defining International Terrorism Book in PDF, ePub and Kindle
This book is an attempt to approach the issue of defining international terrorism, proposing that the most workable way to do so is to achieve due balance between the two principal driving forces of international law developments: State sovereignty interests and cosmopolitan ideals. All those who aspire to the promotion of international criminal justice and the fight against impunity agree that the formulation of a universal definition of international terrorism will further enhance the fight against terrorism and offer a universally acceptable legal framework within which this fight can be conducted. Discussed in an in-depth manner are, for instance, the UN Charter Provisions, the Rome Statute and the principle of complementarity, the Kampala amendments on the crime of aggression, the paradigms of aggression and terrorism, and prominent anti-terrorist Security Council Resolutions such as Resolution 1368 and Resolution 1373. The volume broadens the reader’s understanding on how State sovereignty interests and priorities as well as ideals of cosmopolitanism have influenced the development of international law in general and international criminal law in particular. Furthermore, it simplifies the complicated picture of defining international crimes by explaining how the ‘State sovereignty’ and ‘Cosmopolitanism’ dynamics have also been of relevance throughout the drafting process of the definition of the crime of aggression for the purposes of the Rome Statute for the International Criminal Court. In addition, it equips the reader with an understanding of the reasons behind the lack of an international definition for terrorism and suggests an appropriate context within which such a definition can take shape. It intends to appeal to academics and students with an interest in international criminal law and the international criminal justice system, international law and security, but also to anyone with an interest in transnational crime and counter-terrorism. Stella Margariti has recently graduated from the University of Dundee where she attained the title of Doctor from the School of Law.
| Author | : Steven C. Roach |
| Publisher | : Rowman & Littlefield Publishers |
| Total Pages | : 226 |
| Release | : 2006-08-24 |
| Genre | : Political Science |
| ISBN | : 1461641004 |
Download Politicizing the International Criminal Court Book in PDF, ePub and Kindle
The establishment of the International Criminal Court (ICC) in July 1998 has attracted growing interest in the evolving role of politics in international law. Steven C. Roach's innovative and systematic work on the political and ethical dimensions of the ICC is the first comprehensive attempt to situate the politics of the ICC both theoretically and practically. Linking the ICC's internal politicization with its formative development, Roach provides a unique understanding of this institution's capacity to play a constructive role in global politics. He argues that an internal form of politicization will allow the ICC to counter outside efforts to politicize it, whether this involves the political agenda of a state hegemon or the geopolitical interests of U. N. Security Council permanent members. Steering a new path between conventional approaches that stress the formal link between legitimacy and legal neutrality, and unconventional approaches that treat legitimacy and politics as inextricable elements of a repressive international legal order, Roach formulates the concept of political legalism, which calls for a self-directed and engaged application of the legal rules and principles of the ICC Statute. Politicizing the International Criminal Court is a must-read for scholars, students, and policymakers interested in the dynamics of this important international institution.
| Author | : Cecilia Bailliet |
| Publisher | : Taylor & Francis |
| Total Pages | : 257 |
| Release | : 2011-04 |
| Genre | : Law |
| ISBN | : 1136741380 |
Download Cosmopolitan Justice and Its Discontents Book in PDF, ePub and Kindle
Cosmopolitan Justice and its Discontents provides a multidisciplinary perspective on the legal and ethical implications of cosmopolitanism.
| Author | : Sylvia Ntube Ngane |
| Publisher | : Martinus Nijhoff Publishing |
| Total Pages | : 418 |
| Release | : 2015-09-03 |
| Genre | : Law |
| ISBN | : 9789004301948 |
Download The Position of Witnesses Before the International Criminal Court Book in PDF, ePub and Kindle
'The Position of Witnesses Before the International Criminal Court' examines the implications of cosmopolitan thought for the functioning of the ICC, and the implications of this for the position of witnesses before the ICC/other tribunals. The cosmopolitan theory becomes a way of critiquing their practice and jurisprudence.
| Author | : Patrick Hayden |
| Publisher | : Routledge |
| Total Pages | : 171 |
| Release | : 2017-05-15 |
| Genre | : Political Science |
| ISBN | : 1351948288 |
Download Cosmopolitan Global Politics Book in PDF, ePub and Kindle
Cosmopolitan conceptions of justice in global politics are gaining in importance in the field of international political theory. Cosmopolitanism claims that we owe duties of justice to all the persons of the world and thus that normative theories of global politics should focus first on the interests or welfare of persons rather than of states. Providing a thorough analysis of relevant literature and covering issues such as war and conflict, peace and human security, accountability for gross violations of human rights, environmental degradation, and the democratic deficit in transnational political actions and institutions, Patrick Hayden deftly examines the connections between accounts of cosmopolitanism and the part they play in contemporary global politics. He identifies competing theories of cosmopolitanism and defends them as strategies for serving the aims of justice in world affairs. Furthermore, he explores how cosmopolitan theories can function positively in processes of shaping international norms.
| Author | : Christopher Rudolph |
| Publisher | : Cornell University Press |
| Total Pages | : 247 |
| Release | : 2017-04-18 |
| Genre | : Political Science |
| ISBN | : 1501708414 |
Download Power and Principle Book in PDF, ePub and Kindle
On August 21, 2013, chemical weapons were unleashed on the civilian population in Syria, killing another 1,400 people in a civil war that had already claimed the lives of more than 140,000. As is all too often the case, the innocent found themselves victims of a violent struggle for political power. Such events are why human rights activists have long pressed for institutions such as the International Criminal Court (ICC) to investigate and prosecute some of the world’s most severe crimes: genocide, war crimes, and crimes against humanity. While proponents extol the creation of the ICC as a transformative victory for principles of international humanitarian law, critics have often characterized it as either irrelevant or dangerous in a world dominated by power politics. Christopher Rudolph argues in Power and Principle that both perspectives are extreme. In contrast to prevailing scholarship, he shows how the interplay between power politics and international humanitarian law have shaped the institutional development of international criminal courts from Nuremberg to the ICC. Rudolph identifies the factors that drove the creation of international criminal courts, explains the politics behind their institutional design, and investigates the behavior of the ICC. Through the development and empirical testing of several theoretical frameworks, Power and Principle helps us better understand the factors that resulted in the emergence of international criminal courts and helps us determine the broader implications of their presence in society.
| Author | : Marlies Glasius |
| Publisher | : Routledge |
| Total Pages | : 177 |
| Release | : 2006-03-29 |
| Genre | : Law |
| ISBN | : 1134315678 |
Download The International Criminal Court Book in PDF, ePub and Kindle
A universal criminal court : the emergence of an idea -- The global civil society campaign -- The victory : the independent prosecutor -- The defeat : no universal jurisdiction -- The controversy : gender and forced pregnancy -- The missed chance : banning weapons -- A global civil society achievement : why rejoice?
| Author | : David Held |
| Publisher | : John Wiley & Sons |
| Total Pages | : 141 |
| Release | : 2013-04-23 |
| Genre | : Political Science |
| ISBN | : 0745659357 |
Download Cosmopolitanism Book in PDF, ePub and Kindle
This book sets out the case for a cosmopolitan approach to contemporary global politics. It presents a systematic theory of cosmopolitanism, explicating its core principles and justifications, and examines the role many of these principles have played in the development of global politics, such as framing the human rights regime. The framework is then used to address some of the most pressing issues of our time: the crisis of financial markets, climate change and the fallout from the wars in Afghanistan and Iraq. In each case, Held argues that realistic politics is exhausted, and that cosmopolitanism is the new realism. See also Garrett Wallace Brown and David Held's The Cosmopolitanism Reader.
