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Author : ZHU Dan
Publisher : Torkel Opsahl Academic EPublisher
ISBN 13 : 8293081325
Total Pages : 4 pages
Book Rating : 4.2/5 (93 download)
Download or read book Who Politicizes the International Criminal Court? written by ZHU Dan and published by Torkel Opsahl Academic EPublisher. This book was released on 2014-10-12 with total page 4 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Steven C. Roach
Publisher : Rowman & Littlefield Publishers
ISBN 13 : 1461641004
Total Pages : 226 pages
Book Rating : 4.4/5 (616 download)
Download or read book Politicizing the International Criminal Court written by Steven C. Roach and published by Rowman & Littlefield Publishers. This book was released on 2006-08-24 with total page 226 pages. Available in PDF, EPUB and Kindle. Book excerpt: The establishment of the International Criminal Court (ICC) in July 1998 has attracted growing interest in the evolving role of politics in international law. Steven C. Roach's innovative and systematic work on the political and ethical dimensions of the ICC is the first comprehensive attempt to situate the politics of the ICC both theoretically and practically. Linking the ICC's internal politicization with its formative development, Roach provides a unique understanding of this institution's capacity to play a constructive role in global politics. He argues that an internal form of politicization will allow the ICC to counter outside efforts to politicize it, whether this involves the political agenda of a state hegemon or the geopolitical interests of U. N. Security Council permanent members. 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, 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 : Zhu (Dan.)
Publisher :
ISBN 13 :
Total Pages : 3 pages
Book Rating : 4.:/5 (93 download)
Download or read book Who Politicizes the International Criminal Court? written by Zhu (Dan.) and published by . This book was released on 2014 with total page 3 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Steven C. Roach
Publisher : OUP Oxford
ISBN 13 : 0191569585
Total Pages : 303 pages
Book Rating : 4.1/5 (915 download)
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.
Author : Gerhard Werle
Publisher : Springer
ISBN 13 : 9462650292
Total Pages : 304 pages
Book Rating : 4.4/5 (626 download)
Download or read book Africa and the International Criminal Court written by Gerhard Werle and published by Springer. This book was released on 2014-09-09 with total page 304 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book deals with the controversial relationship between African states, represented by the African Union, and the International Criminal Court. This relationship started promisingly but has been in crisis in recent years. The overarching aim of the book is to analyze and discuss the achievements and shortcomings of interventions in Africa by the International Criminal Court as well as to develop proposals for cooperation between international courts, domestic courts outside Africa and courts within Africa. For this purpose, the book compiles contributions by practitioners of the International Criminal Court and by role players of the judiciary of African countries as well as by academic experts.
Author : Kamari Maxine Clarke
Publisher : Duke University Press
ISBN 13 : 1478007389
Total Pages : 212 pages
Book Rating : 4.4/5 (78 download)
Download or read book Affective Justice written by Kamari Maxine Clarke and published by Duke University Press. This book was released on 2019-11-15 with total page 212 pages. Available in PDF, EPUB and Kindle. Book excerpt: Since its inception in 2001, the International Criminal Court (ICC) has been met with resistance by various African states and their leaders, who see the court as a new iteration of colonial violence and control. In Affective Justice Kamari Maxine Clarke explores the African Union's pushback against the ICC in order to theorize affect's role in shaping forms of justice in the contemporary period. Drawing on fieldwork in The Hague, the African Union in Addis Ababa, sites of postelection violence in Kenya, and Boko Haram's circuits in Northern Nigeria, Clarke formulates the concept of affective justice—an emotional response to competing interpretations of justice—to trace how affect becomes manifest in judicial practices. By detailing the effects of the ICC’s all-African indictments, she outlines how affective responses to these call into question the "objectivity" of the ICC’s mission to protect those victimized by violence and prosecute perpetrators of those crimes. In analyzing the effects of such cases, Clarke provides a fuller theorization of how people articulate what justice is and the mechanisms through which they do so.
Author : Phoebe Murungi
Publisher :
ISBN 13 : 9783659241208
Total Pages : 0 pages
Book Rating : 4.2/5 (412 download)
Download or read book Politicization of the International Criminal Court written by Phoebe Murungi and published by . This book was released on 2012-09-20 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Marlies Glasius
Publisher : Routledge
ISBN 13 : 1134315678
Total Pages : 177 pages
Book Rating : 4.1/5 (343 download)
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?
Author : XIAO Jingren
Publisher : Torkel Opsahl Academic EPublisher
ISBN 13 : 8293081732
Total Pages : 4 pages
Book Rating : 4.2/5 (93 download)
Download or read book A Realist Perspective on China and the International Criminal Court written by XIAO Jingren and published by Torkel Opsahl Academic EPublisher. This book was released on 2013-07-17 with total page 4 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : David Bosco
Publisher : Oxford University Press
ISBN 13 : 0199844135
Total Pages : 313 pages
Book Rating : 4.1/5 (998 download)
Download or read book Rough Justice written by David Bosco and published by Oxford University Press. This book was released on 2014 with total page 313 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Author : Rachel Kerr
Publisher : OUP Oxford
ISBN 13 : 0191532371
Total Pages : 248 pages
Book Rating : 4.1/5 (915 download)
Download or read book The International Criminal Tribunal for the Former Yugoslavia written by Rachel Kerr and published by OUP Oxford. This book was released on 2004-01-15 with total page 248 pages. Available in PDF, EPUB and Kindle. Book excerpt: On 25 May 1993 the United Nations Security Council took the extraordinary and unprecedented step of deciding to establish the International Criminal Tribunal for the Former Yugoslavia (ICTY) as a mechanism for the restoration and maintenance of international peace and security. This was an extremely significant innovation in the use of mandatory enforcement powers by the Security Council, and the manifestation of an explicit link between peace and justice - politics and law. The establishment of ad hoc tribunals for the former Yugoslavia and Rwanda was followed by the adoption of the Rome Statute of the ICC in July 1998, the arrest of General Augusto Pinochet in London in October 1998, and the establishment of ad hoc tribunals in Cambodia, Sierra Leone, and East Timor, all of which pointed to an emerging norm of international criminal justice. The key to understanding this is the relationship between the political mandate and the judicial function. The Tribunal was established as a tool of politics, but it was a judicial, not a political tool. This book provides a systematic examination of the Tribunal, what it is, why it was established, how it functions, and where its significance lies. The central question is whether an international judicial institution, such as the Tribunal, can operate in a highly politicized context and fulfill an explicit political purpose, without the judicial process becoming politicized. Separate chapters chart the origins of the court, the process of establishment, jurisdiction, procedure, state co-operation, including obtaining custody of accused, and the role and function of the Chief Prosecutor. This last element is the key to the Tribunal's success in maintaining a delicate balancing act so that its external political function does not impinge on its impartial judicial status, and instead enhances its effectiveness. The book concludes with an assessment of the conduct of the Milosevic case to date.
Author : Mauro Politi
Publisher : Routledge
ISBN 13 : 135121828X
Total Pages : 282 pages
Book Rating : 4.3/5 (512 download)
Download or read book The International Criminal Court and the Crime of Aggression written by Mauro Politi and published by Routledge. This book was released on 2017-09-29 with total page 282 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Rome Statute of the International Criminal Court entered into force in 2002 and the ICC will soon be fully operational. Earlier in the ICC process, an international conference was held in Trento to address a specific issue that is still unresolved in the post-Rome negotiations: the crime of aggression. Article 5 of the ICC Statute includes aggression, yet the Statute postpones the exercise of its jurisdiction over the crime of aggression until such time as further provisions have been prepared on the definition of this crime and on the related conditions for the Court's intervention. This important volume collects the papers given by the participants at the Trento Conference. The volume is divided into three parts: the historical background of the crime of aggression; the definition of the crime of aggression, in light of proposals in the Preparatory Commission; and various points of view on the relationship between the Court's competence in adjudicating cases of alleged crimes of aggression and the Security Council's competence.
Author : Steven C. Roach
Publisher : Rowman & Littlefield
ISBN 13 : 9780742541047
Total Pages : 232 pages
Book Rating : 4.5/5 (41 download)
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.
Author : Mark Kersten
Publisher : Oxford University Press
ISBN 13 : 0191082945
Total Pages : 273 pages
Book Rating : 4.1/5 (91 download)
Download or read book Justice in Conflict written by Mark Kersten and published by Oxford University Press. This book was released on 2016-08-04 with total page 273 pages. Available in PDF, EPUB and Kindle. Book excerpt: What happens when the international community simultaneously pursues peace and justice in response to ongoing conflicts? What are the effects of interventions by the International Criminal Court (ICC) on the wars in which the institution intervenes? Is holding perpetrators of mass atrocities accountable a help or hindrance to conflict resolution? This book offers an in-depth examination of the effects of interventions by the ICC on peace, justice and conflict processes. The 'peace versus justice' debate, wherein it is argued that the ICC has either positive or negative effects on 'peace', has spawned in response to the Court's propensity to intervene in conflicts as they still rage. This book is a response to, and a critical engagement with, this debate. Building on theoretical and analytical insights from the fields of conflict and peace studies, conflict resolution, and negotiation theory, the book develops a novel analytical framework to study the Court's effects on peace, justice, and conflict processes. This framework is applied to two cases: Libya and northern Uganda. Drawing on extensive fieldwork, the core of the book examines the empirical effects of the ICC on each case. The book also examines why the ICC has the effects that it does, delineating the relationship between the interests of states that refer situations to the Court and the ICC's institutional interests, arguing that the negotiation of these interests determines which side of a conflict the ICC targets and thus its effects on peace, justice, and conflict processes. While the effects of the ICC's interventions are ultimately and inevitably mixed, the book makes a unique contribution to the empirical record on ICC interventions and presents a novel and sophisticated means of studying, analyzing, and understanding the effects of the Court's interventions in Libya, northern Uganda - and beyond.
Author : Claus Kreß
Publisher : Cambridge University Press
ISBN 13 : 1108107494
Total Pages : pages
Book Rating : 4.1/5 (81 download)
Download or read book The Crime of Aggression written by Claus Kreß and published by Cambridge University Press. This book was released on 2016-10-27 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: The 2010 Kampala Amendments to the Rome Statute empowered the International Criminal Court to prosecute the 'supreme crime' under international law: the crime of aggression. This landmark commentary provides the first analysis of the history, theory, legal interpretation and future of the crime of aggression. As well as explaining the positions of the main actors in the negotiations, the authoritative team of leading scholars and practitioners set out exactly how countries have themselves criminalized illegal war-making in domestic law and practice. In light of the anticipated activation of the Court's jurisdiction over this crime in 2017, this work offers, over two volumes, a comprehensive legal analysis of how to understand the material and mental elements of the crime of aggression as defined at Kampala. Alongside The Travaux Préparatoires of the Crime of Aggression (Cambridge, 2011), this commentary provides the definitive resource for anyone concerned with the illegal use of force.
Author : Charles Chernor Jalloh
Publisher : Oxford University Press
ISBN 13 : 0192538551
Total Pages : 419 pages
Book Rating : 4.1/5 (925 download)
Download or read book The International Criminal Court and Africa written by Charles Chernor Jalloh and published by Oxford University Press. This book was released on 2017-10-06 with total page 419 pages. Available in PDF, EPUB and Kindle. Book excerpt: Africa has been at the forefront of contemporary global efforts towards ensuring greater accountability for international crimes. But the continent's early embrace of international criminal justice seems to be taking a new turn with the recent resistance from some African states claiming that the emerging system of international criminal law represents a new form of imperialism masquerading as international rule of law. This book analyses the relationship and tensions between the International Criminal Court (ICC) and Africa. It traces the origins of the confrontation between African governments, both acting individually and within the framework of the African Union, and the permanent Hague-based ICC. Leading commentators offer valuable insights on the core legal and political issues that have confused the relationship between the two sides and expose the uneasy interaction between international law and international politics. They offer suggestions on how best to continue the fight against impunity, using national, ICC, and regional justice mechanisms, while taking into principled account the views and interests of African States.
Author : Philipp Kastner
Publisher : Martinus Nijhoff Publishers
ISBN 13 : 900422596X
Total Pages : 204 pages
Book Rating : 4.0/5 (42 download)
Download or read book International Criminal Justice in bello? written by Philipp Kastner and published by Martinus Nijhoff Publishers. This book was released on 2011-10-28 with total page 204 pages. Available in PDF, EPUB and Kindle. Book excerpt: The International Criminal Court (ICC) plays a particularly delicate role in situations of ongoing armed conflicts, both from a legal and a political perspective. While the primary objective of the ICC Statute is to end impunity, States Parties and the UN Security Council were mainly driven by political considerations when they triggered ICC jurisdiction over the situations in northern Uganda and Darfur. In this book, the author discusses strategies within the legal framework governing the Court to counter such politicization. He concludes that although the ICC can have beneficial effects on ongoing armed conflicts, its primary raison d’être should not be to influence politics but to continue to fight impunity in the long run.
