Author : Dawn L. Rothe
Publisher : Martinus Nijhoff Publishers
Page : 364 pages
File Size : 23,48 MB
Release : 2013-07-11
Category : Law
ISBN : 9004251111
The Realities of the International Criminal Justice System takes an analytical and critical look at the impact of the major instruments of international criminal justice since the 1990s with the advent of the International Criminal Tribunals for Rwanda and Yugoslavia.
Author : Nerida Chazal
Publisher : Routledge
Page : 175 pages
File Size : 16,58 MB
Release : 2015-12-14
Category : Law
ISBN : 1317589661
The International Criminal Court was established in 2002 to prosecute war crimes, crimes against humanity, and genocide. At its genesis the ICC was expected to help prevent atrocities from arising or escalating by ending the impunity of leaders and administering punishment for the commission of international crimes. More than a decade later, the ICC’s ability to achieve these broad aims has been questioned, as the ICC has reached only two guilty verdicts. In addition, some of the world’s major powers, including the United States, Russia and China, are not members of the ICC. These issues underscore a gap between the ideals of prevention and deterrence and the reality of the ICC’s functioning. This book explores the gaps, schisms, and contradictions that are increasingly defining the International Criminal Court, moving beyond existing legal, international relations, and political accounts of the ICC to analyse the Court from a criminological standpoint. By exploring the way different actors engage with the ICC and viewing the Court through the framework of late modernity, the book considers how gaps between rhetoric and reality arise in the work of the ICC. Contrary to much existing research, the book examines how such gaps and tensions can be productive as they enable the Court to navigate a complex, international environment driven by geopolitics. The International Criminal Court and Global Social Control will be of interest to academics, researchers, and advanced practitioners in international law, international relations, criminology, and political science. It will also be of use in upper-level undergraduate and postgraduate courses related to international criminal justice and globalization.
Author : Oumar Ba
Publisher : Cambridge University Press
Page : 207 pages
File Size : 45,25 MB
Release : 2020-07-02
Category : Law
ISBN : 1108806082
This book theorizes the ways in which states that are presumed to be weaker in the international system use the International Criminal Court (ICC) to advance their security and political interests. Ultimately, it contends that African states have managed to instrumentally and strategically use the international justice system to their advantage, a theoretical framework that challenges the “justice cascade” argument. The empirical work of this study focuses on four major themes around the intersection of power, states' interests, and the global governance of atrocity crimes: firstly, the strategic use of self-referrals to the ICC; secondly, complementarity between national and the international justice system; thirdly, the limits of state cooperation with international courts; and finally the use of international courts in domestic political conflicts. This book is valuable to students, scholars, and researchers who are interested in international relations, international criminal justice, peace and conflict studies, human rights, and African politics.
Author : Carsten Stahn
Publisher : Oxford University Press, USA
Page : 1441 pages
File Size : 11,56 MB
Release : 2015
Category : Law
ISBN : 0198705166
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.
Author : Wolfgang Kaleck
Publisher : Torkel Opsahl Academic EPublisher
Page : 150 pages
File Size : 32,43 MB
Release : 2015-05-29
Category : Law
ISBN : 829308183X
Author : Mark Kersten
Publisher : Oxford University Press
Page : 273 pages
File Size : 13,69 MB
Release : 2016-08-04
Category : Law
ISBN : 0191082945
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 : Carsten Stahn
Publisher : Cambridge University Press
Page : 467 pages
File Size : 39,9 MB
Release : 2019
Category : Law
ISBN : 1108423205
Presents theories, practices and critiques alongside each other to engage students, scholars and professionals from multiple fields. This title is also available as Open Access on Cambridge Core.
Author : Lee Feinstein
Publisher : Rowman & Littlefield
Page : 201 pages
File Size : 40,51 MB
Release : 2011-11-11
Category : Political Science
ISBN : 0815721714
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
Author : Gerhard Werle
Publisher : Springer
Page : 190 pages
File Size : 36,17 MB
Release : 2019-06-29
Category : Law
ISBN : 9462653038
The chapters in this book are reworkings of presentations given during a conference held in 2018 at the German Embassy to the Netherlands in The Hague on the occasion of the 20th anniversary of the adoption of the Rome Statute. They provide an in-depth analysis of major points of contention the International Criminal Court (ICC) is currently facing, such as, inter alia, head of state immunities, withdrawal from the Rome Statute, the exercise of jurisdiction vis-à-vis third-party nationals, the activation of the Court’s jurisdiction regarding the crime of aggression, as well as the relationship of the Court with both the Security Council and the African Union, all of which are issues that have a continued relevance and carry a particular controversy. The collection provides insights from both practitioners, including judges of the ICC, and diplomats who participated in the negotiations leading to the adoption of the Rome Statute, as well as well-known academics from various parts of the world working in the field of international criminal law. The aim of the book is not only to inform and stimulate academic debate on the topic, but also to serve as an instrument for lawyers involved in the practice of international criminal law. Gerhard Werle is Professor at the Faculty of Law of the Humboldt-University in Berlin, Germany and Andreas Zimmermann is Professor at the Faculty of Law of the University of Potsdam in Germany. Jürgen Bering, who worked on this book as assistant editor, is an Associate at Dentons, Berlin and a PhD candidate at the Martin Luther University, Halle-Wittenberg, Germany.
Author : Darryl Robinson
Publisher : Oxford University Press
Page : 894 pages
File Size : 27,63 MB
Release : 2020-02-24
Category : Law
ISBN : 0192558897
In the past twenty years, international criminal law has become one of the main areas of international legal scholarship and practice. Most textbooks in the field describe the evolution of international criminal tribunals, the elements of the core international crimes, the applicable modes of liability and defences, and the role of states in prosecuting international crimes. The Oxford Handbook of International Criminal Law, however, takes a theoretically informed and refreshingly critical look at the most controversial issues in international criminal law, challenging prevailing practices, orthodoxies, and received wisdoms. Some of the contributions to the Handbook come from scholars within the field, but many come from outside of international criminal law, or indeed from outside law itself. The chapters are grounded in history, geography, philosophy, and international relations. The result is a Handbook that expands the discipline and should fundamentally alter how international criminal law is understood.
