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Governance Order And The International Criminal Court
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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.
Book Synopsis China and the International Criminal Court by : Dan Zhu
Download or read book China and the International Criminal Court written by Dan Zhu and published by Springer. This book was released on 2018-02-05 with total page 298 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book focuses on the evolving relationship between China and the International Criminal Court (ICC). It examines the substantive issues that have restricted China’s engagement with the ICC to date, and provides a comprehensive assessment of whether these Chinese concerns still constitute a significant impediment to China’s accession to the ICC in the years to come. The book places the China-ICC relationship within the wider context of China’s interactions with international judicial bodies, and uses the ICC as an example to reflect China’s engagement with international institutions and global governance in general. It seeks to offer a thought-provoking resource to international law and international relations scholars, legal practitioners, government legal advisers, and policy-makers about the nature, scope, and consequences of the relationship between China and the ICC, as well as its impact on both global governance and order. This book is the first of its kind to explore China’s engagement with the ICC primarily from a legal perspective.
Book Synopsis The Onset of Global Governance by : Eric K. Leonard
Download or read book The Onset of Global Governance written by Eric K. Leonard and published by Routledge. This book was released on 2017-03-02 with total page 234 pages. Available in PDF, EPUB and Kindle. Book excerpt: Assessing the formation process of the International Criminal Court (ICC), this study provides a fuller and richer understanding of this institution. It does so by adopting three analytical approaches: neoliberal institutionalism, regime theory and global governance. Examining the implications of the ICC, the volume draws conclusions about the changing nature of world politics in terms of conflict management, authority, governance and actor relevance. It is highly suitable for courses and research in humanitarian and international law, international relations theory, globalization, global governance and regime formation.
Book Synopsis Governance and International Legal Theory by : I.F. Dekker
Download or read book Governance and International Legal Theory written by I.F. Dekker and published by Springer. This book was released on 2014-11-14 with total page 394 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book discusses the above-mentioned topics from a multidisciplinary perspective.
Book Synopsis China and the International Criminal Court by : Dan Zhu
Download or read book China and the International Criminal Court written by Dan Zhu and published by . This book was released on 2018 with total page 298 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book focuses on the evolving relationship between China and the International Criminal Court (ICC). It examines the substantive issues that have restricted China's engagement with the ICC to date, and provides a comprehensive assessment of whether these Chinese concerns still constitute a significant impediment to China's accession to the ICC in the years to come. The book places the China-ICC relationship within the wider context of China's interactions with international judicial bodies, and uses the ICC as an example to reflect China's engagement with international institutions and global governance in general. It seeks to offer a thought-provoking resource to international law and international relations scholars, legal practitioners, government legal advisers, and policy-makers about the nature, scope, and consequences of the relationship between China and the ICC, as well as its impact on both global governance and order. This book is the first of its kind to explore China's engagement with the ICC primarily from a legal perspective.
Book Synopsis State Behavior and the International Criminal Court by : Franziska Boehme
Download or read book State Behavior and the International Criminal Court written by Franziska Boehme and published by Routledge. This book was released on 2022-06-09 with total page 152 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
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?
Book Synopsis The International Criminal Court by : Marlies Glasius
Download or read book The International Criminal Court written by Marlies Glasius and published by Taylor & Francis US. This book was released on 2007-10-22 with total page 174 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Governing Through Globalised Crime by : Mark J. Findlay
Download or read book Governing Through Globalised Crime written by Mark J. Findlay and published by Routledge. This book was released on 2013-05-13 with total page 279 pages. Available in PDF, EPUB and Kindle. Book excerpt: Governing through Globalised Crime provides an analysis of the impact of globalisation of crime on the governance capacity of the international criminal justice system. It explores how the perceived increased risk in global security has resulted in a reformulation of the relationship between crime and governance. The book seeks to argue that values of freedom, equality, communitarian harmony and personal integrity which the prosecution of crimes against humanity are said to advance, need not be sacrificed in a new world order obsessed with partial security and secularized risk. This book aims to address a way forward for the governance capacity of international criminal justice, arguing that international criminal justice provides a central tool for global governance. In exploring the dependency of global governance on crime and control, projections can be made about the changing face of international criminal justice. Fundamental transformation is required to hold unjust global dominion to account. The book's policy perspective challenges international criminal justice to return to the more critical position justice has exercised in the separation of powers constitutional legality. For liberal democratic theory at least, judicial authority and its institutions have ensured constitutional legality by requiring the legislature and the executive to operate accountably against a higher normative order. This is not a predominant function of judges and courts in the international context despite their statutory invocation to this task . Case-studies of global crime and control reveal contexts in which the co-opted governance of institutional ICJ in particular, has a politicized motivation which too often advances the authority and interests of one world order against the sometimes legitimate resistance of criminalized communities. When the analysis moves to the consideration of victim community interests, and from there to the appropriate global constituencies of ICJ, the nature and limitations of ICJ supporting governance in the risk/security model, becomes apparent.
Book Synopsis The International Criminal Court – An International Criminal World Court? by : Sarah Babaian
Download or read book The International Criminal Court – An International Criminal World Court? written by Sarah Babaian and published by Springer. This book was released on 2018-05-31 with total page 210 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides an analysis of whether the International Criminal Court can be regarded as an International Criminal World Court, capable of exercising its jurisdiction upon every individual despite the fact that not every State is a Party to the Rome Statute. The analysis is based on a twin-pillar system, which consists of a judicial and an enforcement pillar. The judicial pillar is based on the most disputed articles of the Rome Statute; its goal is to determine the potential scope of the Court’s strength through the application of its jurisdiction regime. The enforcement pillar provides an analysis of the cooperation and judicial assistance mechanism pursuant to the Rome Statute’s provisions and its practical implementation through States’ practices. The results of the analysis, and the lack of an effective enforcement mechanism, demonstrate that the ICC cannot in fact be considered a criminal world court. In conclusion, possible solutions are presented in order to improve the enforcement pillar of the Court so that the tremendous strength of the ICC’s judicial pillar, and with it, the exercise of worldwide jurisdiction, can be effectively implemented.
Book Synopsis The International Legal Order in Global Governance by : Alain Germeaux
Download or read book The International Legal Order in Global Governance written by Alain Germeaux and published by Springer Nature. This book was released on 2022-10-18 with total page 502 pages. Available in PDF, EPUB and Kindle. Book excerpt: The space occupied by international law in shaping political action is subject to continuing debate and controversy. This book aims to answer the question of how and why international law impacts the behaviour of actors on the international stage in the absence of central authority and faced with asymmetric power. At a time when the role of normative restraints in international relations, and international law in particular, has come under renewed questioning, it advances an analytical framework for understanding the effect of norms on behaviour that is not contingent on material restraints or a given political constellation, while being informed by the practical realities and practice of international organisation. In doing so, this book draws on an interdisciplinary range of sources, including international law, political theory, cognitive psychology and behavioural economics to explore a communicative action-based approach of how norms and ideas persuade actors to engage in a course of action consonant with international law to achieve a particular outcome. In probing the role of norms on questions such as the use of force and accountability, and issues of equity and justice, it examines the challenges international law faces and what the way forward may look like.
Book Synopsis The Law and Practice of the International Criminal Court by : Carsten Stahn
Download or read book The Law and Practice of the International Criminal Court written by Carsten Stahn and published by Oxford University Press, USA. This book was released on 2015 with total page 1441 pages. Available in PDF, EPUB and Kindle. Book excerpt: The International Criminal Court has significantly grown in importance and impact over the decade of its existence. This book assesses its impact, providing a comprehensive overview of its practice. It shows how the court has contributed to major developments in international criminal law, and identifies the ways in which it is in need of reform.
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.
Book Synopsis Institutional Change and the International Criminal Court by : Cenap Çakmak
Download or read book Institutional Change and the International Criminal Court written by Cenap Çakmak and published by Routledge. This book was released on 2021-09-12 with total page 145 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores the dynamics and trajectories of change in international politics through an English School analysis of primary institutions including international law, sovereignty and diplomacy, with particular reference to the creation of the International Criminal Court (ICC). The study argues that it serves as an important indicator and model for redefining international politics, particularly through its impact upon three major institutions as prescribed by the English School: international law, sovereignty and diplomacy. The author explores three major areas: the ICC’s contribution to the consolidation of the individual as a subject of the international law; the significance of the Court and its jurisdiction in terms of the state sovereignty; and the strong and determinative role of non-state actors active on global level during the diplomatic process upheld for the making of the norms and rules during the creation of the ICC. These three fields of change, point out to the redefinition and reconstruction of international politics, heralding a solidarist vision of international society. The book will be of particular interest to researchers in the field of the IR, as well as graduate students interested in IR theory, international law, and international organizations.
Book Synopsis An Institutional Perspective on the United Nations Criminal Tribunals by : Huw Llewellyn
Download or read book An Institutional Perspective on the United Nations Criminal Tribunals written by Huw Llewellyn and published by BRILL. This book was released on 2021-03-22 with total page 479 pages. Available in PDF, EPUB and Kindle. Book excerpt: Huw Llewellyn offers a comparative institutional analysis of the five United Nations criminal tribunals (for the former Yugoslavia, Rwanda, Sierra Leone, Cambodia and Lebanon), assessing their institutional strengths and weaknesses, and tracing the tension between their governance and judicial independence.
Book Synopsis The International Criminal Court by : Young Sok Kim
Download or read book The International Criminal Court written by Young Sok Kim and published by . This book was released on 2010-04 with total page 682 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is intended to analyze and evaluate the Statute of the International Criminal Court which was newly created at the United Nations Diplomatic Conference in Rome, Italy on 17 July 1998 (The Rome Conference or the Conference). The book addresses a host of difficult questions and common questions the new permanent International Criminal Court (The ICC or The Court) can raise and possible answers to those questions. This book also records the legislative histories of each article of the ICC Statute and evaluates legal ramifications of the Statute. Even though the United States Government has argued the Rome Statute violates the law of treaties and is not consistent with international law, the author tries to prove that the Rome Statute does not violate the law of treaties and is consistent with international law. The Rome Statute is invaluable in that it codifies the present international law and international criminal law and procedure. The Statute, which was supported by 120 states in the world, summarize the present treaty law, customary international law and general principles of law, even though some contents of the Statute were watered down by some states.The author participated in the process for the adoption of the Rome Statute as a member of the Korean Delegation to the Rome Diplomatic Conference. Korea submitted a very important proposal on the jurisdiction of the Court, which the author was involved in, and tried to bridge the gaps between the U.S position and various other states' positions. On the basis of his own reservations and experiences at the Rome Conference, the author thinks the Rome Statute has delicate balances among various interests of countries and will be a great weapon for the World to fight with against the most heinous international crimes: genocide, crimes against humanity, war crimes and crimes of aggression.Therefore, this book is an insider's observation and a legislative history of the Rome Statute. However, the views appearing in this book are not those of the Korean Government, but solely those of the author as an international law scholar and a participant in the Rome Conference.Contents: 1. Introduction; 2. Commentary on articles of the Rome statute: Part 1: Establishment of the Court; Part 2: Jurisdiction, admissibility and applicable law; Part 3: General principles of criminal law; Part 4: Composition and administration of the court; Part 5: Investigation and prosecution; Part 6: The trial; Part 7: Penalties; Part 8: Appeal and revision; Part 9: International cooperation and judicial assistance; Part 10: Enforcement; Part 11: Assembly of states parties; Part 12: Financing; Part 13: Final clausesDr. Young Sok Kim has a B.A. (Law) and M.A. (Law) from Seoul National University, Seoul, Korea and an LL.M and J.S.D. (Doctor of the Science of Law) from the University of Illinois at Urbana-Champaign, Illinois, U.S.A. He was the Deputy Director of Treaties Division I of the Korean Foreign Ministry, Seoul, Korea and is currently Assistant Professor of International Law in the Division of Law of the AJOU University, Suwon, Korea. In 1998, heparticipated in the United Nations Diplomatic Conference of Plenipotentiaries on the Establishment of an International Criminal Court in Rome (the ""Rome Conference"") as a member of the South Korean Delegation. Since the Rome Conference, he has continued to participate in the sessions of the UN Preparatory Commission for the Establishment of the International Criminal Court as a member of the South Korean Delegation. He is activelyconducting research and writing articles related to the International Criminal Court, both in Korea and internationally.
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.
