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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 | : ZHU Dan |
Publisher | : Torkel Opsahl Academic EPublisher |
Total Pages | : 4 |
Release | : 2014-10-12 |
Genre | : Law |
ISBN | : 8293081325 |
Download Who Politicizes the International Criminal Court? Book in PDF, ePub and Kindle
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 | : Phoebe Murungi |
Publisher | : |
Total Pages | : 0 |
Release | : 2012-09-20 |
Genre | : |
ISBN | : 9783659241208 |
Download Politicization of the International Criminal Court Book in PDF, ePub and Kindle
Author | : Oumar Ba |
Publisher | : Cambridge University Press |
Total Pages | : 207 |
Release | : 2020-07-02 |
Genre | : Law |
ISBN | : 1108488773 |
Download States of Justice Book in PDF, ePub and Kindle
This book theorizes how weaker states in the international system use the ICC to advance their security and political interests.
Author | : Steven C. Roach |
Publisher | : Rowman & Littlefield |
Total Pages | : 232 |
Release | : 2006 |
Genre | : Law |
ISBN | : 9780742541047 |
Download Politicizing the International Criminal Court Book in PDF, ePub and Kindle
This innovative and systematic work on the political and ethical dimensions of the International Criminal Court (ICC) is the first comprehensive attempt to situate the politics of the ICC both theoretically and practically. 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, Steven C. 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 | : Rachel Kerr |
Publisher | : OUP Oxford |
Total Pages | : 248 |
Release | : 2004-01-15 |
Genre | : Political Science |
ISBN | : 0191532371 |
Download The International Criminal Tribunal for the Former Yugoslavia Book in PDF, ePub and Kindle
On 25 May 1993 the United Nations Security Council took the extraordinary and unprecedented step of deciding to establish the International Criminal Tribunal for the Former Yugoslavia (ICTY) as a mechanism for the restoration and maintenance of international peace and security. This was an extremely significant innovation in the use of mandatory enforcement powers by the Security Council, and the manifestation of an explicit link between peace and justice - politics and law. The establishment of ad hoc tribunals for the former Yugoslavia and Rwanda was followed by the adoption of the Rome Statute of the ICC in July 1998, the arrest of General Augusto Pinochet in London in October 1998, and the establishment of ad hoc tribunals in Cambodia, Sierra Leone, and East Timor, all of which pointed to an emerging norm of international criminal justice. The key to understanding this is the relationship between the political mandate and the judicial function. The Tribunal was established as a tool of politics, but it was a judicial, not a political tool. This book provides a systematic examination of the Tribunal, what it is, why it was established, how it functions, and where its significance lies. The central question is whether an international judicial institution, such as the Tribunal, can operate in a highly politicized context and fulfill an explicit political purpose, without the judicial process becoming politicized. Separate chapters chart the origins of the court, the process of establishment, jurisdiction, procedure, state co-operation, including obtaining custody of accused, and the role and function of the Chief Prosecutor. This last element is the key to the Tribunal's success in maintaining a delicate balancing act so that its external political function does not impinge on its impartial judicial status, and instead enhances its effectiveness. The book concludes with an assessment of the conduct of the Milosevic case to date.
Author | : David Bosco |
Publisher | : Oxford University Press |
Total Pages | : 313 |
Release | : 2013-12-17 |
Genre | : Political Science |
ISBN | : 0199844143 |
Download Rough Justice Book in PDF, ePub and Kindle
Ten years ago, in the wake of massive crimes in central Africa and the Balkans, the first permanent international criminal court was established in The Hague despite resistance from some of the world's most powerful states. In the past decade, the court has grown from a few staff in an empty building to a bustling institution with more than a thousand lawyers, investigators, and administrators from around the world. Despite its growth and the backing of more than 120 nations, the ICC is still struggling to assert itself in often turbulent political crises. The ICC is generally autonomous in its ability to select cases and investigate crimes, but it is ultimately dependent on sovereign states, and particularly on the world's leading powers. These states can provide the diplomatic, economic, and military clout the court often needs to get cooperation-and to arrest suspects. But states don't expend precious political capital lightly, and the court has often struggled to get the help it needs. When their interests are most affected, moreover, powerful states usually want the court to keep its distance. Directly and indirectly, they make their preferences known in The Hague. Rough Justice grapples with the court's basic dilemma: designed to be apolitical, it requires the support of politicians who pursue national interests and answer to domestic audiences. Through a sharp analysis of the dynamics at work behind the scenes, Bosco assesses the ways in which powerful states have shaped the court's effort to transform the vision of international justice into reality. This will be the definitive account of the Court and its uneven progress toward advancing accountability around the world.
Author | : William J. Driscoll |
Publisher | : IDEA |
Total Pages | : 290 |
Release | : 2004 |
Genre | : Law |
ISBN | : 9780972054140 |
Download The International Criminal Court Book in PDF, ePub and Kindle
Annotation The Nuremberg Trials at the end of World War II established the principle that individual leaders could be held responsible for "crimes against humanity." Although various ad hoc tribunals were held in the last half of the 20th century, it was not until 2002 that a permanent international court was established, under the auspices, of the United Nations. The international Criminal Court has been controversial with many key nations most notably, the United States refusing to ratify the treaty establishing the court. Some critics object to the adoption of a judicial system that seems to supersede national judicial systems; others fear that the court will be used to pursue narrow political ends. This book will comprise three sections: the first will examine the history of the creation of the court; the second will contain articles that outline objections to the court; the third will contain articles defending and promoting the court. The authors include primary sources on both sides of the controversy, with special attention to America's involvement. A glossary of key terms, and the text of the Rome Statute establishing the court will also be included.
Author | : Ronen Steinke |
Publisher | : Bloomsbury Publishing |
Total Pages | : 160 |
Release | : 2012-05-25 |
Genre | : Law |
ISBN | : 1847319475 |
Download The Politics of International Criminal Justice Book in PDF, ePub and Kindle
To anyone setting out to explore the entanglement of international criminal justice with the interests of States, Germany is a particularly curious, exemplary case. Although a liberal democracy since 1949, its political position has altered radically in the last 60 years. Starting from a position of harsh scepticism in the years following the Nuremberg Trials, and opening up to the rationales of international criminal justice only slowly - and then mainly in the context of domestic trials against functionaries of the former East German regime after 1990 - Germany is today one of the most active supporters of the International Criminal Court. The climax of this is its campaigning to make the ICC independent of the UN Security Council - a debate in which Germany took a position in stark contrast to the United States. This book offers new insight into the debates leading up to such policy shifts. Drawing on government documents and interviews with policymakers, it enriches a broader debate on the politics of international criminal justice which has to date often been focused primarily on the United States.