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Quasi-state Entities and International Criminal Justice

Quasi-state Entities and International Criminal Justice
Author: Ernst Dijxhoorn
Publisher: Routledge
Total Pages: 254
Release: 2017-02-17
Genre: Political Science
ISBN: 131540284X

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This book explores the intended and unintended impact of international criminal justice on the legitimacy of quasi-state entities (QSEs). In order to do so, the concept of ‘quasi-state entity’ is introduced to distinguish actors in statehood conflicts that aspire to statehood, and fulfil statehood functions to a greater or lesser degree, including the capacity and willingness to deploy armed force, but lack the status of sovereign statehood. This work explores the ability of QSEs to create and maintain legitimacy for their actions, institutions and statehood projects in various constituencies simultaneously. It looks at how legitimacy is a prerequisite for success of QSEs and, using critical legitimacy theory, assesses the legitimating narratives of QSEs and their statehood adversaries. The book links international criminal justice to statehood projects of QSEs and their success and legitimacy. It looks at the effects of international criminal justice on the ability to create and maintain legitimacy of QSEs, an approach that leads to new insights regarding international courts and tribunals as entities competing with states over statehood functions that increasingly have to take the legal implications of their actions into consideration. Most important, a close assessment of the legitimising narratives of QSEs, counter narratives, and the messages sent by international criminal justice with which QSEs have to deal, and their ability to overcome legitimacy crises, provides insight on QSEs and the complex processes of legitimation. This book will be of much interest to students of international criminal justice, political violence, security studies and IR.


International Criminal Justice, Quasi-state Entities and Legitimacy

International Criminal Justice, Quasi-state Entities and Legitimacy
Author: Ernst E. A. Dijxhoorn
Publisher:
Total Pages: 0
Release: 2014
Genre:
ISBN:

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International criminal justice can have intended and unintended impact on the legitimacy of quasi-state entities (QSEs). 'Quasi-state entity' is a novel concept introduced to distinguish actors in statehood conflicts that aspire to statehood, fulfil statehood functions to a greater or lesser degree, including, notably, the capacity and willingness to employ organised, restrained coercive violence, but which lack the status of sovereign statehood. QSEs overlap with, but are importantly and conceptually distinct from, nationalist movements, de facto states and rebels or insurgents. Legitimacy is a prerequisite for success, both for QSEs and for state entities. The legitimacy of an entity, its institutions and actions, in a certain constituency, at a certain moment, is difficult to ascertain, in its positive form. Legitimacy is best gauged by its actual or potential absence, at moments where an entity faces legitimacy crises, and where impact can be gauged through empirical observation of behaviour and in changing narratives and counter-narratives of legitimacy. International criminal procedures present direct legitimacy challenges for QSEs and (or) their adversaries. Legitimacy crises reveal both intended and unintended effects of international criminal justice on the legitimacy- and, so, the success, of QSEs.


Quasi-state Entities and International Criminal Justice

Quasi-state Entities and International Criminal Justice
Author: Ernst Dijxhoorn
Publisher: Taylor & Francis
Total Pages: 217
Release: 2017-02-17
Genre: History
ISBN: 1315402858

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This book explores the intended and unintended impact of international criminal justice on the legitimacy of quasi-state entities (QSEs). In order to do so, the concept of ‘quasi-state entity’ is introduced to distinguish actors in statehood conflicts that aspire to statehood, and fulfil statehood functions to a greater or lesser degree, including the capacity and willingness to deploy armed force, but lack the status of sovereign statehood. This work explores the ability of QSEs to create and maintain legitimacy for their actions, institutions and statehood projects in various constituencies simultaneously. It looks at how legitimacy is a prerequisite for success of QSEs and, using critical legitimacy theory, assesses the legitimating narratives of QSEs and their statehood adversaries. The book links international criminal justice to statehood projects of QSEs and their success and legitimacy. It looks at the effects of international criminal justice on the ability to create and maintain legitimacy of QSEs, an approach that leads to new insights regarding international courts and tribunals as entities competing with states over statehood functions that increasingly have to take the legal implications of their actions into consideration. Most important, a close assessment of the legitimising narratives of QSEs, counter narratives, and the messages sent by international criminal justice with which QSEs have to deal, and their ability to overcome legitimacy crises, provides insight on QSEs and the complex processes of legitimation. This book will be of much interest to students of international criminal justice, political violence, security studies and IR.


States of Justice

States of Justice
Author: Oumar Ba
Publisher: Cambridge University Press
Total Pages: 207
Release: 2020-07-02
Genre: Law
ISBN: 1108488773

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This book theorizes how weaker states in the international system use the ICC to advance their security and political interests.


Organizing Rebellion

Organizing Rebellion
Author: Tilman Rodenhäuser
Publisher: Oxford University Press
Total Pages: 401
Release: 2018
Genre: History
ISBN: 0198821948

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The number of non-state actors, in the past not accountable for committing international crimes or violating human rights, is proliferating rapidly. Their ways of operating evolve, with some groups being increasingly fragmented and others organizing transnationally or in cyber space. As non-state armed groups are involved in the vast majority of today's armed conflicts and crisis situations, a new and increasingly important question has to be raised as to whether, and at what point, these groups are bound by international law and thereby accountable for their acts. Breaking new ground in addressing international human rights law, international criminal law, and international humanitarian law in one swoop, Rodenh user's text will be essential to academics and practitioners alike.


UN Security Council Referrals to the International Criminal Court

UN Security Council Referrals to the International Criminal Court
Author: Alexandre Skander Galand
Publisher: BRILL
Total Pages: 278
Release: 2018-11-22
Genre: Law
ISBN: 9004342214

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Galand critically spells out a comprehensive conception of the nature and effects of Security Council referrals that responds to the various limits to the International Criminal Court's exercise of jurisdiction over situations that concern nationals and territories of non-party States.


Changing Actors in International Law

Changing Actors in International Law
Author: Karen Nadine Scott
Publisher: Developments in International
Total Pages: 415
Release: 2020-11-05
Genre: Law
ISBN: 9789004424142

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"The 15 essays in this book began as papers presented at the Seventh Four Societies Conference hosted at Waseda University, Tokyo, in June 2018, by the Japanese Society of International Law (JSIL). The 'Four Societies' conferences are a collaborative initiative of the American Society of International Law (asil), the Australian New Zealand Society of International Law (ANZSIL), the Canadian Council on International Law (CCIL) and JSIL. The biannual conferences, which began in 2006, provide an opportunity for emerging scholars to foster a collaborative network around a common theme"--


State Sovereignty and International Criminal Law

State Sovereignty and International Criminal Law
Author: Morten Bergsmo
Publisher: Torkel Opsahl Academic EPublisher
Total Pages: 300
Release: 2012-11-19
Genre: Law
ISBN: 829308135X

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'State sovereignty' is often referred to as an obstacle to criminal justice for core international crimes by members of the international criminal justice movement. The exercise of State sovereignty is seen as a shield against effective implementation of such crimes. But it is sovereign States that create and become parties to international criminal law treaties and jurisdictions. They are the principal enforcers of criminal responsibility for international crimes, as reaffirmed by the complementarity principle on which the International Criminal Court (ICC) is based. Criminal justice for atrocities depends entirely on the ability of States to act. This volume revisits the relationship between State sovereignty and international criminal law along three main lines of inquiry. First, it considers the immunity of State officials from the exercise of foreign or international criminal jurisdiction. Secondly, with the closing down of the ad hoc international criminal tribunals, attention shifts to the exercise of national jurisdiction over core international crimes, making the scope of universal jurisdiction more relevant to perceptions of State sovereignty. Thirdly, could the amendments to the ICC Statute on the crime of aggression exacerbate tensions between the interests of State sovereignty and accountability? The book contains contributions by prominent international lawyers including Professor Christian Tomuschat, Judge Erkki Kourula, Judge LIU Daqun, Ambassador WANG Houli, Dr. ZHOU Lulu, Professor Claus Kre, Professor MA Chengyuan, Professor JIA Bingbing, Professor ZHU Lijiang and Mr. GUO Yang.


Human Rights and International Humanitarian Law

Human Rights and International Humanitarian Law
Author: Zimmermann, Andreas
Publisher: Edward Elgar Publishing
Total Pages: 272
Release: 2022-05-19
Genre: Political Science
ISBN: 1839108274

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This ground-breaking book expertly brings together the many effective dementia interventions to reduce the symptoms of this debilitating condition and also, for the first time, a Cost-Benefit Analysis of those interventions to establish whether the benefits outweigh the costs. Focussing on new interventions such as years of education, medicare eligibility, hearing aids and vision correction, Robert Brent also takes an innovative look at the need to reduce elder abuse and initiate an international convention for human rights.