Politicizing the International Criminal Court

Politicizing the International Criminal Court PDF Author: Steven C. Roach
Publisher: Rowman & Littlefield Publishers
ISBN: 1461641004
Category : Political Science
Languages : en
Pages : 240

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Book Description
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.

Politicizing the International Criminal Court

Politicizing the International Criminal Court PDF Author: Steven C. Roach
Publisher: Rowman & Littlefield Publishers
ISBN: 1461641004
Category : Political Science
Languages : en
Pages : 240

Get Book

Book Description
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.

Who Politicizes the International Criminal Court?

Who Politicizes the International Criminal Court? PDF Author: ZHU Dan
Publisher: Torkel Opsahl Academic EPublisher
ISBN: 8293081325
Category : Law
Languages : en
Pages : 4

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Book Description


Governance, Order, and the International Criminal Court

Governance, Order, and the International Criminal Court PDF Author: Steven C. Roach
Publisher: OUP Oxford
ISBN: 0191569585
Category : Political Science
Languages : en
Pages : 303

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Book Description
Since entering into force in July 2002, the International Criminal Court (ICC) has emerged as one of the most intriguing models of global governance. This innovative edited volume investigates the challenges facing the ICC, including the dynamics of politicized justice, US opposition, an evolving and flexible institutional design, the juridification of political evil, negative and positive global responsibility, the apparent conflict between peace and justice, and the cosmopolitanization of law. It argues that realpolitik has tested the ICC's capacity in a mostly positive manner and that the ambivalence between realpolitik and justice constitutes a novel predicament for extending global governance. The arguments of each essay are framed by a timely and original approach designed to assess the nuanced relationship between realpolitik and global justice. The approach - which interweaves four International Relations approaches, rationalism, constructivism, communicative action theory, and moral cosmopolitanism - is guided by the metaphor of the switch levers of train tracks, in which the Prosecutor and Judges serve as the pivotal agents switching the (crisscrossing) tracks of realpolitik and cosmopolitanism. With this visual aid, this volume of essays shows just how the ICC has become one of the most fascinating points of intersection between law, politics, and ethics.

States of Justice

States of Justice PDF Author: Oumar Ba
Publisher:
ISBN: 1108801471
Category : Law
Languages : en
Pages : 206

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

Politicizing the International Criminal Court

Politicizing the International Criminal Court PDF Author: Steven C. Roach
Publisher: Rowman & Littlefield
ISBN: 9780742541047
Category : Law
Languages : en
Pages : 232

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Book Description
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.

The International Criminal Tribunal for the Former Yugoslavia

The International Criminal Tribunal for the Former Yugoslavia PDF Author: Rachel Kerr
Publisher: OUP Oxford
ISBN: 0191532371
Category : Political Science
Languages : en
Pages : 248

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Book Description
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.

Rough Justice

Rough Justice PDF Author: David Bosco
Publisher: Oxford University Press
ISBN: 0199844143
Category : Political Science
Languages : en
Pages : 312

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Book Description
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.

Who Politicizes the International Criminal Court?

Who Politicizes the International Criminal Court? PDF Author: Zhu (Dan.)
Publisher:
ISBN:
Category :
Languages : en
Pages : 3

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Book Description


The Politics of Constructing the International Criminal Court

The Politics of Constructing the International Criminal Court PDF Author: M. Struett
Publisher: Springer
ISBN: 0230612415
Category : Political Science
Languages : en
Pages : 223

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Book Description
This book examines the political process that led to the establishment of the International Criminal Court in 2002. It accounts for the main features of the court, including its strong, independent prosecutor, by analyzing the discourse surrounding the ICC negotiations, and particularly highlights the role of human rights NGOs.

Bringing Power to Justice?

Bringing Power to Justice? PDF Author: Joanna Harrington
Publisher: McGill-Queen's Press - MQUP
ISBN: 0773575847
Category : Law
Languages : en
Pages : 270

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Book Description
Annotation The world's first permanent international criminal tribunal for the prosecution and punishment of the world's most serious crimes was created in 2002. In Bringing Power to Justice? legal scholars, political scientists, and political philosophers respond to fundamental questions about the future of this court and international criminal justice. For instance, will the ICC be undermined by political constraints, given the opposition of major powers, including the United States? What are the implications of holding heads of state responsible for international crimes? Are trials the best response to state crime or would other devices (such as truth commissions) be more suitable? Is retributive justice an appropriate response? The contributors offer indispensable and thoughtful assessment of the future of international criminal justice.