Author: M. Struett Publisher: Springer ISBN: 0230612415 Category : Political Science Languages : en Pages : 229
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.
Author: Holly Cullen Publisher: BRILL ISBN: 9004372490 Category : Law Languages : en Pages : 407
Book Description
The Politics of International Criminal Law is an interdisciplinary collection of original research that examines the often noted but understudied political dimensions of International Criminal Law, and the challenges this nascent legal regime faces to its legitimacy in world affairs.
Author: Benjamin N. Schiff Publisher: Cambridge University Press ISBN: 9780521694728 Category : Political Science Languages : en Pages : 322
Book Description
The ICC is the first and only standing international court capable of prosecuting humanity's worst crimes: genocide, war crimes, and crimes against humanity. It faces huge obstacles. It has no police force; it pursues investigations in areas of tremendous turmoil, conflict, and death; it is charged both with trying suspects and with aiding their victims; and it seeks to combine divergent legal traditions in an entirely new international legal mechanism. International law advocates sought to establish a standing international criminal court for more than 150 years. Other, temporary, single-purpose criminal tribunals, truth commissions, and special courts have come and gone, but the ICC is the only permanent inheritor of the Nuremberg legacy. In Building the International Criminal Court, Oberlin College Professor of Politics Ben Schiff analyzes the ICC, melding historical perspective, international relations theories, and observers' insights to explain the Court's origins, creation, innovations, dynamics, and operational challenges.
Author: Christopher Rudolph Publisher: Cornell University Press ISBN: 1501708414 Category : Political Science Languages : en Pages : 247
Book Description
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: David Bosco Publisher: Oxford University Press ISBN: 0199844143 Category : Political Science Languages : en Pages : 313
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.
Author: Steven C. Roach Publisher: Rowman & Littlefield ISBN: 9780742541047 Category : Law Languages : en Pages : 232
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.
Author: Yvonne Dutton Publisher: Routledge ISBN: 1134124325 Category : Political Science Languages : en Pages : 216
Book Description
In this new work, Dutton examines the ICC and whether and how its enforcement mechanism influences state membership and the court’s ability to realize treaty goals, examining questions such as: Why did states decide to create the ICC and design the institution with this uniquely strong enforcement mechanism? Will the ICC’s enforcement mechanism be sufficient to hold states accountable to their commitment so that the ICC can realize its goal of ending impunity for genocide, crimes against humanity, and war crimes? Will states view the ICC’s enforcement mechanism as a credible threat and refuse to join unless they already have good domestic human rights practices and institutions that are independent and capable of prosecuting human rights abuses? If states that most need to improve their domestic legal practices as relates to protecting against human rights abuses do not join the court, is there any hope that the threat of punishment by the ICC can play a role in bettering state’s human rights practices and deterring individuals from committing mass atrocities? This work provides a significant contribution to the field, and will be of great interest to students and scholars of international law, international relations, international organizations and human rights.
Author: Marlies Glasius Publisher: Routledge ISBN: 1134315678 Category : Law Languages : en Pages : 177
Book Description
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: M. Struett
Author: Michael John Struett
Author: Oumar Ba
Author: Holly Cullen
Author: Benjamin N. Schiff
Author: Christopher Rudolph
Author: David Bosco
Author: Steven C. Roach
Author: Yvonne Dutton
Author: Marlies Glasius