means to an end u s interest in the international criminal court

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Means To An End

Author : Lee Feinstein
ISBN : 9780815721710
Genre : Political Science
File Size : 75. 76 MB
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The International Criminal Court remains a sensitive issue in U.S. foreign policy circles. It was agreed to at the tail end of the Clinton administration, but with serious reservations. In 2002 the Bush administration ceremoniously reversed course and "unsigned" the Rome Statute that had established the Court. But recent developments in Washington and elsewhere indicate that the United States may be moving toward de facto acceptance of the Court and active cooperation in its mission. In Means to an End, Lee Feinstein and Tod Lindberg reassess the relationship of the United States and the ICC, as well as American policy toward international justice more broadly. Praise for the hardcover edition of Means to an End "Books of this sort are all too rare. Two experienced policy intellectuals, one liberal, one conservative, have come together to find common ground on a controversial foreign policy issue.... The book is short, but it goes a long way toward clearing the ideological air." — Foreign Affairs "A well-researched and timely contribution to the debate over America's proper relationship to the International Criminal Court. Rigorous in its arguments and humane in its conclusions, the volume is an indispensable guide for scholars and policymakers alike." —Madeleine K. Albright, former U.S. Secretary of State "Two of our nation's leading authorities on preventing atrocities have joined to make a convincing argument that closer cooperation with the International Criminal Court will help promote human rights and the values on which America was founded." —Angelina Jolie, co-chair, Jolie-Pitt Foundation

Rules Politics And The International Criminal Court

Author : Yvonne Dutton
ISBN : 9781134124398
Genre : Political Science
File Size : 60. 9 MB
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In this new work, Dutton examines the ICC and whether and how its enforcement mechanism influences state membership and the court’s ability to realize treaty goals, examining questions such as: Why did states decide to create the ICC and design the institution with this uniquely strong enforcement mechanism? Will the ICC’s enforcement mechanism be sufficient to hold states accountable to their commitment so that the ICC can realize its goal of ending impunity for genocide, crimes against humanity, and war crimes? Will states view the ICC’s enforcement mechanism as a credible threat and refuse to join unless they already have good domestic human rights practices and institutions that are independent and capable of prosecuting human rights abuses? If states that most need to improve their domestic legal practices as relates to protecting against human rights abuses do not join the court, is there any hope that the threat of punishment by the ICC can play a role in bettering state’s human rights practices and deterring individuals from committing mass atrocities? This work provides a significant contribution to the field, and will be of great interest to students and scholars of international law, international relations, international organizations and human rights.

United States Law And Policy On Transitional Justice

Author : Zachary D. Kaufman
ISBN : 9780190243494
Genre : International criminal courts
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In United States Law and Policy on Transitional Justice: Principles, Politics, and Pragmatics, Zachary D. Kaufman explores the U.S. government's support for, or opposition to, certain transitional justice institutions. By first presenting an overview of possible responses to atrocities (such as war crimes tribunals) and then analyzing six historical case studies, Kaufman evaluates why and how the United States has pursued particular transitional justice options since World War II. This book challenges the "legalist" paradigm, which postulates that liberal states pursue war crimes tribunals because their decision-makers hold a principled commitment to the rule of law. Kaufman develops an alternative theory-"prudentialism"-which contends that any state (liberal or illiberal) may support bona fide war crimes tribunals. More generally, prudentialism proposes that states pursue transitional justice options, not out of strict adherence to certain principles, but as a result of a case-specific balancing of politics, pragmatics, and normative beliefs. Kaufman tests these two competing theories through the U.S. experience in six contexts: Germany and Japan after World War II, the 1988 bombing of Pan Am flight 103, the 1990-1991 Iraqi offenses against Kuwaitis, the atrocities in the former Yugoslavia in the 1990s, and the 1994 Rwandan genocide. Kaufman demonstrates that political and pragmatic factors featured as or more prominently in U.S. transitional justice policy than did U.S. government officials' normative beliefs. Kaufman thus concludes that, at least for the United States, prudentialism is superior to legalism as an explanatory theory in transitional justice policymaking.

Rough Justice

Author : David Bosco
ISBN : 9780199844135
Genre : History
File Size : 85. 86 MB
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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.

Choice

Author :
ISBN : UCSC:32106019978219
Genre : Best books
File Size : 28. 81 MB
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All Rise

Author : Tjitske Lingsma
ISBN : 9077386203
Genre :
File Size : 43. 85 MB
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On a grey, cold day in January 2011 Tjitske Lingsma visits the International Criminal Court (ICC) in The Hague, The Netherlands. She hears the poignant testimony of a lady who tells the judges how she was savagely gang raped, experienced the looting of her house and neighbourhood and heard how her brother was killed. After this first visit Lingsma decides to follow the ICC, inspired by the court's noble task to bring justice for victims, to fight impunity and to go after perpetrators of genocide, crimes against humanity and war crimes. In a vivid and gripping style, and with unique insights, Lingsma tells the story of this prestigious court, that started in 2002 and now has 124 member states. In thematic chapters she portrays its history, functioning, the work of the prosecutor, life in detention, and the precarious situation of witnesses and victims. Lingsma describes in separate chapters the dramatic cases against suspects of international crimes in Kenya, Democratic Republic of Congo, Central African Republic, Ivory Coast and Libya. But reality proves to be harsh. Despite all hopes, the ICC hasn't fulfilled its ambition. So far it has convicted four persons for international crimes, while cases against no fewer than nine suspects failed. The court, which has cost 1.5 billion euros by now, is damaged by government obstruction, intimidation of witnesses, its own failures and member states threatening to withdraw. All Rise is the sobering account of a court that could not live up to its expectations. But with its important task to bring justice, it is too valuable to fail. The Dutch edition of All Rise, which was published in December 2014, was shortlisted for the Brusse Prize - for best journalistic book in The Netherlands

Justice In A Time Of War

Author : Pierre Hazan
ISBN : 1585443778
Genre : History
File Size : 90. 77 MB
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Can we achieve justice during war? Should law substitute for realpolitik? Can an international court act against the global community that created it? "Justice in a Time of War" is a translation from the French of the first complete, behind-the-scenes story of the International Criminal Tribunal for the Former Yugoslavia, from its proposal by Balkan journalist Mirko Klarin through recent developments in the trial of Slobodan Miloševic. It is also a meditation on the conflicting intersection of law and politics in achieving justice and peace. With insider interviews filling out every scene, Hazan tells a chaotic story of war that raged while the Western powers cobbled together a tribunal in order to avoid actual intervention. The international lawyers and judges for this rump world court started with nothing-but they ultimately established the tribunal as an unavoidable actor in the Balkans. The West had created the Tribunal in 1993, hoping to threaten international criminals with indictment and thereby force an untenable peace. In 1999, the Tribunal suddenly became useful to NATO countries as a means by which to criminalize Miloševic's regime and to justify military intervention in Kosovo and in Serbia. Ultimately, this hastened the end of Miloševic's rule and led the way to history's first war crimes trial of a former president by an international tribunal. Hazan's account of the Tribunal's formation and evolution questions the contradictory policies of the Western powers and illuminates a cautionary tale for the reader: realizing ideals in a world enamored of realpolitik is a difficult and often haphazard activity.

The United States And The International Criminal Court

Author : Sarah B. Sewall
ISBN : 0742501353
Genre : Law
File Size : 24. 8 MB
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In exploring American reluctance to join the International Criminal Court, this text illuminates a central dilemma facing US foreign policy; whether the U.S. can afford to remain estranged from international institutions that support norms and behaviours it has long championed.

Catalysts For Change

Author : Ted Piccone
ISBN : 9780815721932
Genre : Political Science
File Size : 67. 58 MB
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Catalysts for Change examines the strengths and weaknesses of one of the United Nations' most important human rights mechanisms—the collection of independent experts known as special procedures—as they negotiate the rocky terrain where rights meet reality. These independent experts serve as the eyes and ears of the UN human rights system. Despite their prolific work as experts and advocates, however, there has been no empirical study of their impact at the national level—until now. This book provides concrete evidence of why the system works and ways it can be improved.

Is A Un International Criminal Court In The Us National Interest

Author : United States. Congress. Senate. Committee on Foreign Relations. Subcommittee on International Operations
ISBN : 0160577926
Genre : Law
File Size : 80. 92 MB
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