The International Criminal Court From A Liberal Perspective
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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 Politics Of International Criminal Justice
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Author : Ronen Steinke
language : en
Publisher: Bloomsbury Publishing
Release Date : 2012-05-25
The Politics Of International Criminal Justice written by Ronen Steinke and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-05-25 with Law categories.
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.
Norm Contestation Sovereignty And Ir Responsibility At The International Criminal Court
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Author : Emanuela Piccolo Koskimies
language : en
Publisher: Springer Nature
Release Date : 2021-10-26
Norm Contestation Sovereignty And Ir Responsibility At The International Criminal Court written by Emanuela Piccolo Koskimies and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-10-26 with Political Science categories.
Grappling specifically with the norm of sovereignty as responsibility, the book seeks to advance a critical constructivist understanding of norm development in international society, as opposed to the conventional – or liberal – constructivist (mis)understanding that still dominates the debate. Against this backdrop, the book delves into the institutionalization of sovereignty as responsibility within the lived practice of the International Criminal Court (ICC). More to the point, the proposed exploration intends to revive questions about the power-laden nature of the normative fabric of international society, its dis-symmetries, and its outright hierarchies, in order to devise an original framework to operationalize research on how – institutional – practice impinges on norm development. To this end, the book resorts to an original creole vocabulary, which combines the contributions of post-positivist constructivist scholars with the legacy of key post-modernist thinkers such as Michel Foucault and Jacques Derrida, as well as critical approaches to International (Criminal) Law and Post-Colonial Studies. The book will appeal to scholars of international relations and international law, in addition to critical scholars more broadly, as well as to practitioners in the fields of human rights and international justice interested in normative theory and the implementation and contestation of international social norms.
The International Criminal Court
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Author : Marlies Glasius
language : en
Publisher: Routledge
Release Date : 2006-03-29
The International Criminal Court written by Marlies Glasius and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2006-03-29 with Law categories.
A new examination of the International Criminal Court (ICC) from a political science and international relations perspective. It describes the main features of the court and discusses the political negotiations and the on-going clashes between those states who oppose the court, particularly the United States, and those who defend it. It also makes these issues accessible to non-lawyers and presents effective advocacy strategies for non-governmental organizations. It also delivers essential background to the place of the US in international relations and makes a major contribution to thinking about the ICC’s future. While global civil society does not deliver global democracy, it does contribute to more transparent, more deliberative and more ethical international decision-making which is ultimately preferable to a world of isolated sovereign states with no accountability outside their borders, or exclusive and secretive state-to-state diplomacy. This book will be of great interest to students and scholars of international relations, international law, globalization and global governance.
A Realist Perspective On China And The International Criminal Court
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Author : XIAO Jingren
language : en
Publisher: Torkel Opsahl Academic EPublisher
Release Date : 2013-07-17
A Realist Perspective On China And The International Criminal Court written by XIAO Jingren and has been published by Torkel Opsahl Academic EPublisher this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-07-17 with Law categories.
Politicizing The International Criminal Court
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Author : Steven C. Roach
language : en
Publisher: Rowman & Littlefield
Release Date : 2006
Politicizing The International Criminal Court written by Steven C. Roach and has been published by Rowman & Littlefield this book supported file pdf, txt, epub, kindle and other format this book has been release on 2006 with Law categories.
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.
Critical Approaches To International Criminal Law
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Author : Christine Schwöbel
language : en
Publisher: Routledge
Release Date : 2014-05-09
Critical Approaches To International Criminal Law written by Christine Schwöbel and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-05-09 with Law categories.
Drawing on the critical legal tradition, the collection of international scholars gathered in this volume analyse the complicities and limitations of International Criminal Law. This area of law has recently experienced a significant surge in scholarship and public debate; individual criminal accountability is now firmly entrenched in both international law and the international consciousness as a necessary mechanism of responsibility. Critical Approaches to International Criminal Law: An Introduction shifts the debate towards that which has so far been missing from the mainstream discussion: the possible injustices, exclusions, and biases of International Criminal Law. This collection of essays is the first dedicated to the topic of critical approaches to international criminal law. It will be a valuable resource for scholars and students of international criminal law, international law, international legal theory, criminal law, and criminology.
Peace And Justice At The International Criminal Court
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Author : Errol Mendes
language : en
Publisher: Edward Elgar Publishing
Release Date : 2010-01-01
Peace And Justice At The International Criminal Court written by Errol Mendes and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010-01-01 with Law categories.
Errol Mendes spent nearly a year as a Visiting Professional with the Prosecutor of the International Criminal Court. This has given him a unique perspective and some special insight into the big situations confronting the Court, including Darfur, Palestine and Uganda. William A. Schabas, National University of Ireland, Galway This authoritative book addresses the greatest challenge facing the International Criminal Court since its historic establishment in 1998: reconciling the demand for justice for the most serious crimes known to humanity with the promotion of sustainable peace in conflict areas around the world. In describing and analyzing this challenge, Errol Mendes demonstrates that the Court is a product of centuries of global efforts to integrate peace with justice. Focusing on two important prosecutions involving indictments of the president and other senior officials of Sudan and a savage rebel group in Northern Uganda, the author argues that the choice between peace and justice is not a zero sum game. Based on knowledge and experience obtained during his time as a visiting professional at the Court, the author combines insights from Court leaders with his own analysis in his call for greater international cooperation with the Court in fulfilling its mandate and overcoming other obstacles that threaten its work into the future. Scholars and students of criminal justice, international studies, political science and human rights, as well as civil society groups, government officials and those working with international justice organizations, will find in this book a unique and sophisticated perspective on this complex dilemma.
The Permanent International Criminal Court
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Author : Dominic McGoldrick
language : en
Publisher: Bloomsbury Publishing
Release Date : 2004-03-30
The Permanent International Criminal Court written by Dominic McGoldrick and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2004-03-30 with Law categories.
The idea of an International Criminal Court has captured the international legal imagination for over a century. In 1998 it became a reality with the adoption of the Rome Statute. This book critically examines the fundamental legal and policy issues involved in the establishment and functioning of the Permanent International Criminal Court. Detailed consideration is given to the history of war crimes trials and their place in the system of international law,the legal and political significance of a permanent ICC, the legality and legitimacy of war crimes trials, the tensions and conflicts involved in negotiating the ICC Statute, the general principles of legality, the scope of defences, evidential dilemmas, the perspective of victims, the nature and scope of the offences within the ICC's jurisdiction – aggression, genocide, war crimes, crimes against humanity, questions of admissibility and theories of jurisdiction, the principle of complementarity, national implementation of the Statute in a range of jurisdictions, and national and international responses to the ICC. The expert contributors are drawn from a range of national jurisdictions – UK, Sweden, Canada, and Australia. The book blends detailed legal analysis with practical and policy perspectives and offers an authoritative complement to the extensive commentaries on the ICC Statute.
The International Criminal Court At The Mercy Of Powerful States
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Author : Res Schuerch
language : en
Publisher: Springer
Release Date : 2017-07-15
The International Criminal Court At The Mercy Of Powerful States written by Res Schuerch and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-07-15 with Law categories.
This book aims to investigate whether, and if so, how, an institution designed to bring to justice perpetrators of the most heinous crimes can be regarded a tool of oppression in a (neo-)colonial sense. To do so, it re-invents the concept of neo-colonialism, which is traditionally associated more with economic or political implications, from an international criminal law perspective, combining historical, political and legal analyses. Allegations of neo-colonialism in relation to the International Criminal Court (ICC) became widespread after the Court had issued an arrest warrant against the Sudanese President Omar Al-Bashir in 2009. While the Court, since its entry into function in 2002, has been confronted with criticism from various corners, the neo-colonialism controversy was sparked by African stakeholders. Unlike other contributions in this domain, thus, this book provides a Western perspective on an issue more often addressed from an African standpoint, with the intention of distinguishing itself from the more political and emotive and sometimes superficial arguments that exist within critical legal approaches towards the ICC. The subject matter will primarily be of interest to scholars of international criminal law or those operating at the intersection of law and politics/history, nationals of African states and from other parts of the world professionally interested and/or involved in international criminal law and justice and the ICC, and governmental and non-governmental organizations. Secondly, the book will also appeal and speak to critical legal scholars and those interested in historical legal analysis. Res Schuerch is a Swiss lawyer specialized in the field of International Criminal Law and the ICC. He previously worked as a researcher at the University of Amsterdam and as an academic assistant at the University of Zürich.