Cosmopolitanism and the Development of the International Criminal Court

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Publisher : Rowman & Littlefield
ISBN 13 : 1683931807
Total Pages : 183 pages
Book Rating : 4.6/5 (839 download)

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Book Synopsis Cosmopolitanism and the Development of the International Criminal Court by : Jennifer Biedendorf

Download or read book Cosmopolitanism and the Development of the International Criminal Court written by Jennifer Biedendorf and published by Rowman & Littlefield. This book was released on 2019-08-01 with total page 183 pages. Available in PDF, EPUB and Kindle. Book excerpt: Cosmopolitanism and the Development of the International Criminal Court analyzes a set of prominent and competing discourses that emerged in the context of the development and establishment of the International Criminal Court (ICC). The ICC is the first permanent juridical body designed to prosecute individuals who commit offences including war crimes, crimes against humanity, and genocide. Drawing on scholarship on public memory and human rights, the book argues that international law and the international human rights system play a key role for the development of transnational memory discourses and transnational or cosmopolitan subjectivities. Despite the International Criminal Court being recognized as a landmark development in global cooperation, an examination of key events in the development of the court shows how some state and nonstate actors advance calls for cosmopolitanism while others resist cosmopolitanism to bolster nation-state sovereignty. Drawing on the establishment of the International Criminal Court as a case study, the book examines several events that continue to shape national and international public discourse. The book examines debates that occurred during the drafting process of the international treaty at the United Nations and that led to the groundbreaking inclusion of provisions on gender and sexual violence in the Rome Statute of the ICC in 1998. The analysis discusses the tension between feminist advocates’ rhetoric and the discourse of anti–women’s rights actors involved in the treaty-making process who resisted such inclusions in international criminal law. The book analyzes other key events related to the establishment of the ICC that invoke tensions between competing demands of cosmopolitanism and national sovereignty, including advocacy campaigns by nongovernmental organizations working to drum up public support of the institution of the International Criminal Court and the debates surrounding the unprecedented act of the United States “unsigning” an international treaty. In sum, this examination of the rhetoric of state and nonstate actors attempting to shape the court according to their visions of global community shows how discourses about international criminal law and human rights are employed not only to advance cosmopolitanism but also to strengthen nationalist discourses.

Governance, Order, and the International Criminal Court

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Publisher : OUP Oxford
ISBN 13 : 0191569585
Total Pages : 303 pages
Book Rating : 4.1/5 (915 download)

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Book Synopsis Governance, Order, and the International Criminal Court by : Steven C. Roach

Download or read book Governance, Order, and the International Criminal Court written by Steven C. Roach and published by OUP Oxford. This book was released on 2009-05-07 with total page 303 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Defining International Terrorism

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Publisher : Springer
ISBN 13 : 946265204X
Total Pages : 186 pages
Book Rating : 4.4/5 (626 download)

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Book Synopsis Defining International Terrorism by : Stella Margariti

Download or read book Defining International Terrorism written by Stella Margariti and published by Springer. This book was released on 2017-08-01 with total page 186 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is an attempt to approach the issue of defining international terrorism, proposing that the most workable way to do so is to achieve due balance between the two principal driving forces of international law developments: State sovereignty interests and cosmopolitan ideals. All those who aspire to the promotion of international criminal justice and the fight against impunity agree that the formulation of a universal definition of international terrorism will further enhance the fight against terrorism and offer a universally acceptable legal framework within which this fight can be conducted. Discussed in an in-depth manner are, for instance, the UN Charter Provisions, the Rome Statute and the principle of complementarity, the Kampala amendments on the crime of aggression, the paradigms of aggression and terrorism, and prominent anti-terrorist Security Council Resolutions such as Resolution 1368 and Resolution 1373. The volume broadens the reader’s understanding on how State sovereignty interests and priorities as well as ideals of cosmopolitanism have influenced the development of international law in general and international criminal law in particular. Furthermore, it simplifies the complicated picture of defining international crimes by explaining how the ‘State sovereignty’ and ‘Cosmopolitanism’ dynamics have also been of relevance throughout the drafting process of the definition of the crime of aggression for the purposes of the Rome Statute for the International Criminal Court. In addition, it equips the reader with an understanding of the reasons behind the lack of an international definition for terrorism and suggests an appropriate context within which such a definition can take shape. It intends to appeal to academics and students with an interest in international criminal law and the international criminal justice system, international law and security, but also to anyone with an interest in transnational crime and counter-terrorism. Stella Margariti has recently graduated from the University of Dundee where she attained the title of Doctor from the School of Law.

Politicizing the International Criminal Court

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Publisher : Rowman & Littlefield
ISBN 13 : 9780742541047
Total Pages : 232 pages
Book Rating : 4.5/5 (41 download)

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Book Synopsis Politicizing the International Criminal Court by : Steven C. Roach

Download or read book Politicizing the International Criminal Court written by Steven C. Roach and published by Rowman & Littlefield. This book was released on 2006 with total page 232 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 Position of Witnesses Before the International Criminal Court

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Publisher : Martinus Nijhoff Publishing
ISBN 13 : 9789004301948
Total Pages : 418 pages
Book Rating : 4.3/5 (19 download)

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Book Synopsis The Position of Witnesses Before the International Criminal Court by : Sylvia Ntube Ngane

Download or read book The Position of Witnesses Before the International Criminal Court written by Sylvia Ntube Ngane and published by Martinus Nijhoff Publishing. This book was released on 2015-09-03 with total page 418 pages. Available in PDF, EPUB and Kindle. Book excerpt: 'The Position of Witnesses Before the International Criminal Court' examines the implications of cosmopolitan thought for the functioning of the ICC, and the implications of this for the position of witnesses before the ICC/other tribunals. The cosmopolitan theory becomes a way of critiquing their practice and jurisprudence.

Power and Principle

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Publisher : Cornell University Press
ISBN 13 : 1501708414
Total Pages : 247 pages
Book Rating : 4.5/5 (17 download)

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Book Synopsis Power and Principle by : Christopher Rudolph

Download or read book Power and Principle written by Christopher Rudolph and published by Cornell University Press. This book was released on 2017-04-18 with total page 247 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Cosmopolitan Global Politics

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Publisher : Routledge
ISBN 13 : 1351948288
Total Pages : 171 pages
Book Rating : 4.3/5 (519 download)

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Book Synopsis Cosmopolitan Global Politics by : Patrick Hayden

Download or read book Cosmopolitan Global Politics written by Patrick Hayden and published by Routledge. This book was released on 2017-05-15 with total page 171 pages. Available in PDF, EPUB and Kindle. Book excerpt: Cosmopolitan conceptions of justice in global politics are gaining in importance in the field of international political theory. Cosmopolitanism claims that we owe duties of justice to all the persons of the world and thus that normative theories of global politics should focus first on the interests or welfare of persons rather than of states. Providing a thorough analysis of relevant literature and covering issues such as war and conflict, peace and human security, accountability for gross violations of human rights, environmental degradation, and the democratic deficit in transnational political actions and institutions, Patrick Hayden deftly examines the connections between accounts of cosmopolitanism and the part they play in contemporary global politics. He identifies competing theories of cosmopolitanism and defends them as strategies for serving the aims of justice in world affairs. Furthermore, he explores how cosmopolitan theories can function positively in processes of shaping international norms.

Cosmopolitanism

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Publisher : John Wiley & Sons
ISBN 13 : 0745659357
Total Pages : 141 pages
Book Rating : 4.7/5 (456 download)

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Book Synopsis Cosmopolitanism by : David Held

Download or read book Cosmopolitanism written by David Held and published by John Wiley & Sons. This book was released on 2013-04-23 with total page 141 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book sets out the case for a cosmopolitan approach to contemporary global politics. It presents a systematic theory of cosmopolitanism, explicating its core principles and justifications, and examines the role many of these principles have played in the development of global politics, such as framing the human rights regime. The framework is then used to address some of the most pressing issues of our time: the crisis of financial markets, climate change and the fallout from the wars in Afghanistan and Iraq. In each case, Held argues that realistic politics is exhausted, and that cosmopolitanism is the new realism. See also Garrett Wallace Brown and David Held's The Cosmopolitanism Reader.

The International Criminal Court

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Publisher : Springer
ISBN 13 : 9783319158310
Total Pages : 0 pages
Book Rating : 4.1/5 (583 download)

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Book Synopsis The International Criminal Court by : Andrew Novak

Download or read book The International Criminal Court written by Andrew Novak and published by Springer. This book was released on 2015-03-26 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is about the International Criminal Court (ICC), a new and highly distinctive criminal justice institution with the ability to prosecute the highest-level government officials, including heads of state, even in countries that have not accepted its jurisdiction. The book explores the historical development of international criminal law and the formal legal structure created by the Rome Statute, against the background of the Court’s search for objectivity in a political global environment. The book reviews the operations of the Court in practice and the Court’s position in the power politics of the international system. It discusses and clarifies all stages of an international criminal proceeding from the opening of the investigation to sentencing, reparations, and final appeals in the context of its restorative justice mission. Making appropriate comparisons and contrasts between the international criminal justice system and domestic and national systems, the book fills a gap in international criminal justice study.

The International Criminal Court

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Publisher : Routledge
ISBN 13 : 1134315678
Total Pages : 177 pages
Book Rating : 4.1/5 (343 download)

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Book Synopsis The International Criminal Court by : Marlies Glasius

Download or read book The International Criminal Court written by Marlies Glasius and published by Routledge. This book was released on 2006-03-29 with total page 177 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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?

The International Criminal Court in Its Third Decade

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Publisher : BRILL
ISBN 13 : 9004529934
Total Pages : 621 pages
Book Rating : 4.0/5 (45 download)

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Book Synopsis The International Criminal Court in Its Third Decade by : Carsten Stahn

Download or read book The International Criminal Court in Its Third Decade written by Carsten Stahn and published by BRILL. This book was released on 2023-11-07 with total page 621 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume examines lessons learned in over two decades of ICC practice. It discusses macro issues, such as universality, selectivity, new technologies, complementarity, victims and challenges in the life cycle of cases, as well as ways to re-think the ICC regime in light of the Independent Expert Review, aggression against Ukraine, and novel global challenges.

The Position of Witnesses before the International Criminal Court

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Publisher : BRILL
ISBN 13 : 900430195X
Total Pages : 430 pages
Book Rating : 4.0/5 (43 download)

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Book Synopsis The Position of Witnesses before the International Criminal Court by : Sylvia Ntube Ngane

Download or read book The Position of Witnesses before the International Criminal Court written by Sylvia Ntube Ngane and published by BRILL. This book was released on 2015-09-03 with total page 430 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book examines the implications of cosmopolitan thought for the functioning of the ICC, and the implications of this for the position of witnesses before the ICC/other tribunals. The cosmopolitan theory becomes a way of critiquing their practice and jurisprudence.

The United States and the International Criminal Court

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Publisher : Rowman & Littlefield Publishers
ISBN 13 : 1461645964
Total Pages : 284 pages
Book Rating : 4.4/5 (616 download)

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Book Synopsis The United States and the International Criminal Court by : Sarah B. Sewall

Download or read book The United States and the International Criminal Court written by Sarah B. Sewall and published by Rowman & Littlefield Publishers. This book was released on 2000-08-28 with total page 284 pages. Available in PDF, EPUB and Kindle. Book excerpt: American reluctance to join the International Criminal Court illuminates important trends in international security and a central dilemma facing U.S. Foreign policy in the 21st century. The ICC will prosecute individuals who commit egregious international human rights violations such as genocide. The Court is a logical culmination of the global trends toward expanding human rights and creating international institutions. The U.S., which fostered these trends because they served American national interests, initially championed the creation of an ICC. The Court fundamentally represents the triumph of American values in the international arena. Yet the United States now opposes the ICC for fear of constraints upon America's ability to use force to protect its national interests. The principal national security and constitutional objections to the Court, which the volume explores in detail, inflate the potential risks inherent in joining the ICC. More fundamentally, they reflect a belief in American exceptionalism that is unsustainable in today's world. Court opponents also underestimate the growing salience of international norms and institutions in addressing emerging threats to U.S. national interests. The misguided assessments that buttress opposition to the ICC threaten to undermine American leadership and security in the 21st century more gravely than could any international institution.

Crime and Global Justice

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Publisher : John Wiley & Sons
ISBN 13 : 1509512659
Total Pages : 288 pages
Book Rating : 4.5/5 (95 download)

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Book Synopsis Crime and Global Justice by : Daniele Archibugi

Download or read book Crime and Global Justice written by Daniele Archibugi and published by John Wiley & Sons. This book was released on 2018-03-16 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: Over the last quarter of a century a new system of global criminal justice has emerged. But how successful has it been? Are we witnessing a new era of cosmopolitan justice or are the old principles of victors’ justice still in play? In this book, Daniele Archibugi and Alice Pease offer a vibrant and thoughtful analysis of the successes and shortcomings of the global justice system from 1945 to the present day. Part I traces the evolution of this system and the cosmopolitan vision enshrined within it. Part II looks at how it has worked in practice, focusing on the trials of some of the world’s most notorious war criminals, including Augusto Pinochet, Slobodan Milošević, Radovan Karad ić, Saddam Hussein and Omar al-Bashir, to assess the efficacy of the new dynamics of international punishment and the extent to which they can operate independently, without the interference of powerful governments and their representatives. Looking to the future, Part III asks how the system’s failings can be addressed. What actions are required for cosmopolitan values to become increasingly embedded in the global justice system in years to come?

Beyond Cosmopolitanism

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Publisher : Springer
ISBN 13 : 9811053766
Total Pages : 433 pages
Book Rating : 4.8/5 (11 download)

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Book Synopsis Beyond Cosmopolitanism by : Ananta Kumar Giri

Download or read book Beyond Cosmopolitanism written by Ananta Kumar Giri and published by Springer. This book was released on 2017-10-17 with total page 433 pages. Available in PDF, EPUB and Kindle. Book excerpt: Considering the different traditions of cosmopolitan thinking and experimentation, this cutting edge volume examines the contemporary revival of cosmopolitanism as a response to the challenges of living in an interdependent world. Through a unique multidisciplinary approach, it takes the debate beyond the one-sided universalism of the Euro-American world and explores the multiverse of transformations which confront cosmopolitanism. The collection highlights central questions of cosmopolitan responsibility, global citizenship and justice as well as the importance of dialogue among civilizations, cultures, religions and traditions. Exploring the ethical and political dimensions of globalization, it outlines the pathways of going beyond cosmopolitanism by striving for a post-colonial cosmopolis characterized by global justice, trans-civilizational dialogues and dignity for all.

The Cosmopolitan Tradition

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Publisher : Harvard University Press
ISBN 13 : 0674052498
Total Pages : 321 pages
Book Rating : 4.6/5 (74 download)

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Book Synopsis The Cosmopolitan Tradition by : Martha C. Nussbaum

Download or read book The Cosmopolitan Tradition written by Martha C. Nussbaum and published by Harvard University Press. This book was released on 2019-08-13 with total page 321 pages. Available in PDF, EPUB and Kindle. Book excerpt: The cosmopolitan political tradition defines people not according to nationality, family, or class but as equally worthy citizens of the world. Martha Nussbaum pursues this “noble but flawed” vision, confronting its inherent tensions over material distribution, differential abilities, and the ideological conflicts inherent to pluralistic societies.

Governance, Order, and the International Criminal Court

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Publisher : Oxford University Press on Demand
ISBN 13 : 0199546738
Total Pages : 302 pages
Book Rating : 4.1/5 (995 download)

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Book Synopsis Governance, Order, and the International Criminal Court by : Steven C. Roach

Download or read book Governance, Order, and the International Criminal Court written by Steven C. Roach and published by Oxford University Press on Demand. This book was released on 2009-05-07 with total page 302 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.