rules politics and the international criminal court committing to the court global institutions

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Rules Politics And The International Criminal Court

Author : Yvonne Dutton
ISBN : 9781134124398
Genre : Political Science
File Size : 72. 87 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.

Rough Justice

Author : David Bosco
ISBN : 9780199844135
Genre : History
File Size : 79. 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.

Global Institutions Of Religion

Author : Katherine Marshall
ISBN : 9781136673511
Genre : Political Science
File Size : 51. 69 MB
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This work fills a significant gap in the current literature by providing a concise introduction to religious institutions and an insightful analysis of their role in world affairs. Focusing on formal institutions specifically dedicated to governing religious communities, the work examines the intersections between religious and other global institutions, set against the fundamental question: why and how do these intersections matter? The work explores the role of religion within key issues including Human rights Human security International development and humanitarian relief Climate change Moral responsibilities The new forms that religious institutions are taking, their fit with human rights and democratic ideals, their changing nature in plural societies, are a highly relevant part of the global institutional picture and this book is essential reading for all students and scholars of global institutions, international relations and religion.

International Judicial Institutions

Author : Richard J. Goldstone
ISBN : 9781317623717
Genre : Political Science
File Size : 41. 68 MB
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This fully-updated and much expanded second edition provides a much needed, short and accessible introduction to the current debates in international humanitarian law. Written by a former UN Chief Prosecutor and a leading international law expert, this book analyses the legal and political underpinnings of international judicial institutions, it provides the reader with an understanding of both the historical development of institutions directed towards international justice, as well as an overview of the differences and similarities between such organizations. New to this edition: New updates on recently found records of the United Nations War Crimes Commission. Updates on the recent judicial decisions of the International Criminal Tribunal for the former Yugoslavia and International Criminal Tribunal for Rwanda Updates on the Special Tribunal For Lebanon A re-evaluation of the future of the International Criminal Court International Judicial Institutions: Second Edition will be of great interest to students of International Politics, Criminology and Law.

The United States And The International Criminal Court

Author : Sarah B. Sewall
ISBN : 0742501353
Genre : Law
File Size : 53. 18 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.

Politicizing The International Criminal Court

Author : Steven C. Roach
ISBN : 0742541045
Genre : Law
File Size : 25. 85 MB
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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.

Norms Without The Great Powers

Author : Adam Bower
ISBN : 9780192507174
Genre : Political Science
File Size : 41. 49 MB
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Can multilateral treaties succeed in transforming conduct when they are rejected by the most powerful states in the international system? In the past two decades, coalitions of middle-power states and transnational civil society groups have negotiated binding legal agreements in the face of concerted opposition from China, Russia, andmost especiallythe United States. These instances of a so-called 'new diplomacy' reflect a deliberate attempt to use the language of international law to bypass great power objections in establishing new global standards. Yet critics have frequently derided such treaties as utopian and counter productive because they fail to include those states allegedly most capable of effectively managing complex international cooperation. Thus far no study has offered a systematic, comparative study of the promise, and limits, of multilateralism without the great powers. Norms Without the Great Powers addresses this gap through the presentation of a novel theoretical account and detailed empirical evidence regarding the implementation of two archetypal cases, the antipersonnel Mine Ban Treaty and International Criminal Court. Both treaties have substantially reshaped expectations and behaviour in their respective domains, but with important variation in the extent and breadth of their impact. These findings provide the impetus for assessing the prospects for similar strategies on other topics of contemporary global concern. This book offers a timely addition to the dynamic and growing literature on the practice and consequences of international governance and should appeal to academics, civil society experts, and foreign policy practitioners working in fields such as security, human rights, and the environment.

The Politics Of Constructing The International Criminal Court

Author : M. Struett
ISBN : 9780230612419
Genre : Political Science
File Size : 57. 97 MB
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This book examines the political process that led to the establishment of the International Criminal Court in 2002. It accounts for the main features of the court, including its strong, independent prosecutor, by analyzing the discourse surrounding the ICC negotiations, and particularly highlights the role of human rights NGOs.

Governance Order And The International Criminal Court

Author : Steven C. Roach
ISBN : 9780191569586
Genre : Political Science
File Size : 40. 62 MB
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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.

The Legal Regime Of The International Criminal Court

Author : José Doria
ISBN : 9789004163089
Genre : Law
File Size : 41. 32 MB
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This impressive and unique collection of essays covers important aspects of the legal regime of the International Criminal Court (ICC). The volume begins with an analysis of the historical development of the ICC, the progressive development of international humanitarian and international criminal law by the ad hoc Tribunals and the work of mixed national/international jurisdictions. The legal and institutional basis of the ICC is then dealt with in detail, including the organs of the ICC, war crimes, crimes against humanity and crimes of aggression, modes of liability before the ICC and defences before the ICC. Part III focuses on the court at work, including its procedural rules, criminal proceedings at the ICC, penalties and appeal and revision procedures. Part IV deals with the relationship of the ICC with states and international organizations. The contributors are established scholars in the field of international criminal and humanitarian law, many of whom are practitioners in the various tribunals.

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