State Behavior And The International Criminal Court
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State Behavior And The International Criminal Court
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Author : Franziska Boehme
language : en
Publisher: Routledge
Release Date : 2022-06-09
State Behavior And The International Criminal Court written by Franziska Boehme and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-06-09 with Law categories.
This book analyzes patterns and causes of state cooperation with the International Criminal Court. The work focuses on several African cases, including those against leading state officials, to dive into current debates about compliance with international law and resistance to international courts. The book, which draws on interview data collected in The Hague, Kenya, and South Africa, reveals the diversity of state behaviors ranging from full compliance and diplomatic support to partial compliance to resistance and exit. This redirects the widespread narrative about African resistance against the ICC to include evidence of continued Court support. It is argued that the degree of cooperation the Court receives is affected by a government’s perceived costs and benefits of executing an ICC request: a cooperation request is considered high cost or low cost depending on the suspect’s position, the type of action requested, and the government’s domestic and regional policy objectives. In response, the Court has been careful not to alienate states further, thus highlighting that the Court is both above and below the state: having the power to charge individuals including state officials, but relying on governments—sometimes those from which suspects come—to take action on behalf of the Court against the same suspects. The book will be of interest to academics, researchers, and policymakers working in the areas of international law, human rights, international criminal justice, and international relations.
Rules Politics And The International Criminal Court
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Author : Yvonne Dutton
language : en
Publisher: Routledge
Release Date : 2013-08-21
Rules Politics And The International Criminal Court written by Yvonne Dutton and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-08-21 with Political Science categories.
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.
Rough Justice
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Author : David Bosco
language : en
Publisher: Oxford University Press
Release Date : 2014
Rough Justice written by David Bosco and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014 with History categories.
The story of the movement to establish the International Criminal Court, its tumultuous first decade, and the challenges it will continue to face in the future.
Trials And Tribulations Of International Prosecution
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Author : Henry F. Carey
language : en
Publisher: Lexington Books
Release Date : 2013-02-14
Trials And Tribulations Of International Prosecution written by Henry F. Carey and has been published by Lexington Books this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-02-14 with Law categories.
There have been many political dilemmas that impose structural constraints on the effort to legalize, judicialize, and criminalize normatively deviant behavior in international politics. The annual costs of these tribunals has peaked at approximately $400 million, of which $140 million is allocated to the ICC, the latter now having spent $1 billion in its first decade of existence. What has been the track record of these international criminal courts with jurisdiction to try heads of states and leading official and military officers? Has the domestic political will of states increased to prosecute their own leaders, following the ICC’s complimentary jurisdiction? How have powerful states supported these courts and how have they undermined them? In succeeding in punishing a number of high-profile cases, the tribunals arguably constitute what Habermas called communicative action that expresses the aspirations and nascent norms of international society. Beyond the confines of a specific of international cooperation, these courts are increasingly becoming norm entrepreneurs, defining the norms of coexistence among states, such that internal atrocities are seen not only as international crimes, but threats to the stability and order of international society. These courts are also redefining the attributes of what states must practice to preserve their reputations, a breach of which will prove increasingly costly. The tribunals are increasingly incentivizing and mobilizing informational networks from NGOs, IGOs, and states to document and publicize violations of international criminal law, thereby increasing exposure risks of perpetration. To be sure the patchwork of compliance and norm communication is fraught with double standards, hypocrisy, selective enforcement, and neoimperial delegitimation of the subaltern. Still, what has begun as institutions created in the absence of humanitarian action by the powerful may come to constitute normal state attributes similar to sovereignty, whose violation will be seen as not only illegitimate, but also meriting humanitarian action to correct and punish such behavior. The question remains whether ongoing impunity of both the powerful and the powerless will undermine or limit this potential.
States Of Justice
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Author : Oumar Ba
language : en
Publisher: Cambridge University Press
Release Date : 2022-08-18
States Of Justice written by Oumar Ba and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-08-18 with Law categories.
This book theorizes the ways in which states that are presumed to be weaker in the international system use the International Criminal Court (ICC) to advance their security and political interests. Ultimately, it contends that African states have managed to instrumentally and strategically use the international justice system to their advantage, a theoretical framework that challenges the "justice cascade" argument. The empirical work of this study focuses on four major themes around the intersection of power, states' interests, and the global governance of atrocity crimes: firstly, the strategic use of self-referrals to the ICC; secondly, complementarity between national and the international justice system; thirdly, the limits of state cooperation with international courts; and finally the use of international courts in domestic political conflicts. This book is valuable to students, scholars, and researchers who are interested in international relations, international criminal justice, peace and conflict studies, human rights, and African politics.
An Introduction To The International Criminal Court
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Author : William A. Schabas
language : en
Publisher: Cambridge University Press
Release Date : 2011-02-17
An Introduction To The International Criminal Court written by William A. Schabas and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-02-17 with Law categories.
The International Criminal Court has ushered in a new era in the protection of human rights. Protecting against genocide, crimes against humanity and war crimes, the Court acts when national justice systems are unwilling or unable to do so. Written by the leading expert in the field, the fourth edition of this seminal text considers the Court in action: its initial rulings, cases it has prosecuted and cases where it has decided not to proceed, such as Iraq. It also examines the results of the Review Conference, by which the crime of aggression was added to the jurisdiction of the Court and addresses the political context, such as the warming of the United States to the Court and the increasing recognition of the inevitability of the institution.
The International Criminal Court From A Liberal Perspective
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Author : Anna Fuchs
language : en
Publisher: GRIN Verlag
Release Date : 2013-03-12
The International Criminal Court From A Liberal Perspective written by Anna Fuchs and has been published by GRIN Verlag this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-03-12 with Political Science categories.
Seminar paper from the year 2012 in the subject Politics - Topic: International Organisations, grade: 1,3, University of Tubingen (Institut für Politikwissenschaft), course: Introduction to International Relations, language: English, abstract: [...] What seems to be the greatest puzzle about the “ICC-story” is the fact that the Statute was adopted despite US opposition. It seemed impossible that an independent court could be created without the support of the US. And it is indeed remarkable that so many states agreed on a strong, independent ICC although the US also launched an active campaign against it and tried to pressure states into signing bilateral agreements in order to prevent US citizens from becoming subjects to ICC jurisdiction. But, in my opinion, this is not the only puzzle, because there was another state that acted differently than expected. This state is Jordan, who was the only Arab state not only to support the ICC but also to join the Like-Minded Group prior to the conference. It is not surprising that authoritarian regimes opposed the court. It is surprising however, that Jordan was the exception to that rule and I think that decision deserves to be examined further. While republican liberalism offers an explanation to US behavior regarding the ICC, it fails at explaining the Jordanian case. It predicts that authoritarian regimes will side with well established democracies in opposition to binding international human rights regimes. Although this did not count for Jordan, I still think that liberalism can explain why the Kingdom supported the ICC. In order to prove this hypothesis, I will outline the basic assumptions of (republican) liberalism. Afterwards I will briefly describe the political, economic and societal situation in Jordan in order to identify the aspects needed to apply the theory. Finally, I will show how liberalism can explain why Jordan as an authoritarian regime supported the ICC although it was not “supposed to”.
The Relationship Between The International Criminal Court And National Jurisdictions
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Author : Jo Stigen
language : en
Publisher: Martinus Nijhoff Publishers
Release Date : 2008
The Relationship Between The International Criminal Court And National Jurisdictions written by Jo Stigen and has been published by Martinus Nijhoff Publishers this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008 with Law categories.
The principle of complementarity provides a framework as to when the Prosecutor of the ICC may and should interfere "vis-a-vis" national judicial systems. The principle acknowledges the primary right of states to prosecute while also recognising the need for international interference when states fail in this task. As formulated in the Rome Statute, however, it leaves complex questions unresolved. To mention a few: When is a national criminal proceeding really an attempt to shield the perpetrator? When can a national judicial system be characterised as unavailable? And when will an ICC prosecution serve the interests of justice? This book seeks to answer these and other related questions by interpreting the relevant provisions of the Rome Statute and discussing them in a broad context. The book also critically assesses policy considerations underlying the establishment of the ICC, including the implications of international criminal justice for achieving peace. It asks, "inter alia," whether the ICC should set aside an amnesty which a national truth commission has granted in an attempt to achieve a peaceful transition from tyranny to democracy.
The Accusation Model Before The International Criminal Court
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Author : Hanna Kuczyńska
language : en
Publisher: Springer
Release Date : 2015-05-07
The Accusation Model Before The International Criminal Court written by Hanna Kuczyńska and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-05-07 with Law categories.
This book examines how the functioning of the International Criminal Court has become a forum of convergence between the common law and civil law criminal justice systems. Four countries were selected as primary examples of these two legal traditions: the United States, England and Wales, Germany and Poland. The first layer of analysis focuses on selected elements of the model of accusation that are crucial to the model adopted by the ICC. These are: development of the notion of the prosecutor’s independence in view of their ties to the countries and the Security Council; the nature and limits of the prosecutor’s discretional powers to initiate proceedings before the ICC; the reasons behind the prosecutor’s choice of both defendants and charges; the role the prosecutor plays in the procedure of disclosure of evidence and consensual termination of proceedings; and the determinants of the model of accusation used during trial and appeal proceedings. The second layer of the book consists in an analysis of the motives behind applying particular solutions to create the model of accusation before the ICC. It also shows how the model of accusation gradually evolved in proceedings before the military and ad hoc tribunals: ICTY and ICTR. Moreover, the question of compatibility of procedural institutions is addressed: In what ways does adopting a certain element of criminal procedure, e.g. discretional powers of the prosecutor to initiate criminal proceedings, influence the remaining procedural elements, e.g. the existence of the dossier of a case or the powers of a judge to change the legal classification of the criminal behavior appearing in the indictment?
International Criminal Law And Philosophy
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Author : Larry May
language : en
Publisher: Cambridge University Press
Release Date : 2010
International Criminal Law And Philosophy written by Larry May and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010 with Law categories.
The purpose of this book series is to clarify and improve the theoretical foundations of international law. Too often the progressive development and implementation of international law has foundered on confusion about first principles. This series will raise the level of public and scholarly discussion about the structure and purposes of the world legal order and how best to achieve global justice through law. The idea for this series grows out of the International Legal Theory project of the American Society of International Law. Each year for the past decade, the ASIL has devoted special attention to a different aspect of international law and has invited scholars and practitioners to discuss the theoretical basis of such topics as customary international law, humanitarian law, and human rights. The ASIL Studies in International Legal Theory series will deepen this exchange by publishing scholarly monographs and edited volumes of essays considering subjects in international legal theory. Book jacket.