Politicizing the International Criminal Court

Politicizing the International Criminal Court
Title Politicizing the International Criminal Court PDF eBook
Author Steven C. Roach
Publisher Rowman & Littlefield Publishers
Pages 226
Release 2006-08-24
Genre Political Science
ISBN 1461641004

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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.

Politicizing the International Criminal Court

Politicizing the International Criminal Court
Title Politicizing the International Criminal Court PDF eBook
Author Steven C. Roach
Publisher Rowman & Littlefield
Pages 232
Release 2006
Genre Law
ISBN 9780742541047

Download Politicizing the International Criminal Court Book in PDF, Epub and Kindle

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.

International Criminal Law and Philosophy

International Criminal Law and Philosophy
Title International Criminal Law and Philosophy PDF eBook
Author Larry May
Publisher Cambridge University Press
Pages 269
Release 2009-10-12
Genre Law
ISBN 1139482025

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This anthology brings together legal and philosophical theorists to examine the normative and conceptual foundations of international criminal law. In particular, through these essays the international group of authors addresses questions of state sovereignty; of groups, rather than individuals, as perpetrators and victims of international crimes; of international criminal law and the promotion of human rights and social justice; and of what comes after international criminal prosecutions, namely, punishment and reconciliation. International criminal law is still an emerging field, and as it continues to develop, the elucidation of clear, consistent theoretical groundings for its practices will be crucial. The questions raised and issues addressed by the essays in this volume will aid in this important endeavor.

Justice in Conflict

Justice in Conflict
Title Justice in Conflict PDF eBook
Author Mark Kersten
Publisher Oxford University Press
Pages 273
Release 2016-08-04
Genre Law
ISBN 0191082945

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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.

The Crime of Aggression

The Crime of Aggression
Title The Crime of Aggression PDF eBook
Author Claus Kreß
Publisher Cambridge University Press
Pages
Release 2016-10-27
Genre Law
ISBN 1108107494

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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.

Politicizing Islam

Politicizing Islam
Title Politicizing Islam PDF eBook
Author Z. Fareen Parvez
Publisher Oxford University Press
Pages 256
Release 2017-01-11
Genre Religion
ISBN 0190651172

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Home to the largest Muslim minorities in Western Europe and Asia, France and India are both grappling with crises of secularism. In Politicizing Islam, Fareen Parvez offers an in-depth look at how Muslims have responded to these crises, focusing on Islamic revival movements in the French city of Lyon and the Indian city of Hyderabad. Presenting a novel comparative view of middle-class and poor Muslims in both cities, Parvez illuminates how Muslims from every social class are denigrated but struggle in different ways to improve their lives and make claims on the state. In Hyderabad's slums, Muslims have created vibrant political communities, while in Lyon's banlieues they have retreated into the private sphere. Politicizing Islam elegantly explains how these divergent reactions originated in India's flexible secularism and France's militant secularism and in specific patterns of Muslim class relations in both cities. This fine-grained ethnography pushes beyond stereotypes and has consequences for burning public debates over Islam, feminism, and secular democracy.

Fragmentation of International Law

Fragmentation of International Law
Title Fragmentation of International Law PDF eBook
Author United Nations. International Law Commission
Publisher
Pages 306
Release 2007
Genre Conflict of laws
ISBN 9789521023378

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