Institutional Change and the International Criminal Court

Institutional Change and the International Criminal Court

Author: Cenap Çakmak

Publisher: Routledge

Published: 2021-09-12

Total Pages: 145

ISBN-13: 1000430553

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This book explores the dynamics and trajectories of change in international politics through an English School analysis of primary institutions including international law, sovereignty and diplomacy, with particular reference to the creation of the International Criminal Court (ICC). The study argues that it serves as an important indicator and model for redefining international politics, particularly through its impact upon three major institutions as prescribed by the English School: international law, sovereignty and diplomacy. The author explores three major areas: the ICC’s contribution to the consolidation of the individual as a subject of the international law; the significance of the Court and its jurisdiction in terms of the state sovereignty; and the strong and determinative role of non-state actors active on global level during the diplomatic process upheld for the making of the norms and rules during the creation of the ICC. These three fields of change, point out to the redefinition and reconstruction of international politics, heralding a solidarist vision of international society. The book will be of particular interest to researchers in the field of the IR, as well as graduate students interested in IR theory, international law, and international organizations.


Rules, Politics, and the International Criminal Court

Rules, Politics, and the International Criminal Court

Author: Yvonne Dutton

Publisher: Routledge

Published: 2013-08-21

Total Pages: 216

ISBN-13: 1134124325

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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.


Politicizing the International Criminal Court

Politicizing the International Criminal Court

Author: Steven C. Roach

Publisher: Rowman & Littlefield Publishers

Published: 2006-08-24

Total Pages: 226

ISBN-13: 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.


The International Criminal Court and the Transformation of International Law: Justice for the New Millenium

The International Criminal Court and the Transformation of International Law: Justice for the New Millenium

Author: Leila Sadat

Publisher: BRILL

Published: 2021-10-01

Total Pages: 584

ISBN-13: 9004479732

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Professor Sadat's book is a valuable "restatement" of international criminal law, discovering and delineating the process that led the United Nations from Nuremberg to the Rome Statute of an International Criminal Court. "With the establishment of the International Criminal Court we enter an exciting era in the development of internatonal criminal law. This well written and thoroughly researched work provides a comprehensive and insightful analysis and critique of the Rome Statute and the impact of prosecuting war criminals" -- Justice Richard Goldstone Published under the Transnational Publishers imprint.


International Criminal Justice

International Criminal Justice

Author: Michael Bohlander

Publisher: Cameron May

Published: 2007

Total Pages: 506

ISBN-13: 1905017448

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Summary: "Written by seasoned scholars and practitioners, this collection of essays provides a most comprehensive analysis of the institutional dynamics and political underpinnings of international criminal justice. They explore and provide critical comment on the main institutional difficulties experienced by International Tribunals."--Publisher description.


Power and Principle

Power and Principle

Author: Christopher Rudolph

Publisher: Cornell University Press

Published: 2017-04-18

Total Pages: 247

ISBN-13: 1501708414

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On August 21, 2013, chemical weapons were unleashed on the civilian population in Syria, killing another 1,400 people in a civil war that had already claimed the lives of more than 140,000. As is all too often the case, the innocent found themselves victims of a violent struggle for political power. Such events are why human rights activists have long pressed for institutions such as the International Criminal Court (ICC) to investigate and prosecute some of the world’s most severe crimes: genocide, war crimes, and crimes against humanity. While proponents extol the creation of the ICC as a transformative victory for principles of international humanitarian law, critics have often characterized it as either irrelevant or dangerous in a world dominated by power politics. Christopher Rudolph argues in Power and Principle that both perspectives are extreme. In contrast to prevailing scholarship, he shows how the interplay between power politics and international humanitarian law have shaped the institutional development of international criminal courts from Nuremberg to the ICC. Rudolph identifies the factors that drove the creation of international criminal courts, explains the politics behind their institutional design, and investigates the behavior of the ICC. Through the development and empirical testing of several theoretical frameworks, Power and Principle helps us better understand the factors that resulted in the emergence of international criminal courts and helps us determine the broader implications of their presence in society.


The Institutionalization of the International Criminal Court

The Institutionalization of the International Criminal Court

Author: Salla Huikuri

Publisher: Springer

Published: 2018-08-21

Total Pages: 320

ISBN-13: 3319955853

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This book explores the institution of the International Criminal Court (ICC) as a policy instrument. It argues that after the Cold War the European Union started challenging the unilateral policies of the United States by promoting new norms and institutions, such as the ICC. This development flies in the face of traditional explanations for cooperation, which would theorize institutionalization as the result of hegemonic preponderance, rational calculations or common identities. The book explains the dynamics behind the emergence of the ICC with a novel theoretical concept of normative binding. Normative binding is a strategy that provides middle powers with the means to tie down the unilateral policies of powerful actors that prefer not to cooperate. The idea is to promote new multilateral norms and deposit them in institutions, which have the potential to become binding even on unilateralist actors, if the majority of states adhere to them.


The International Criminal Court: Contemporary Challenges and Reform Proposals

The International Criminal Court: Contemporary Challenges and Reform Proposals

Author: Richard H. Steinberg

Publisher: BRILL

Published: 2020-07-20

Total Pages: 394

ISBN-13: 900438409X

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The International Criminal Court: Contemporary Challenges and Reform Proposals is a collection of essays by prominent international criminal law commentators, responsive to questions of interest to the Office of the Prosecutor of the International Criminal Court. Topics include: - Sexual and Gender-Based Violence: Obtaining Evidence - Outreach: Challenges Communicating with Victims, Witnesses, and Others - ICC State Party Withdrawals - Measuring the ICC’s Performance - The Crime of Aggression: Scope and Anticipated Difficulties - The Rome Statute at Twenty: Reform Proposals


Governance, Order, and the International Criminal Court

Governance, Order, and the International Criminal Court

Author: Steven C. Roach

Publisher: OUP Oxford

Published: 2009-05-07

Total Pages: 303

ISBN-13: 0191569585

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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 Politics of Gender Justice at the International Criminal Court

The Politics of Gender Justice at the International Criminal Court

Author: Louise A. Chappell

Publisher: Oxford University Press

Published: 2016

Total Pages: 299

ISBN-13: 019992791X

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This book examines the gender justice design features of the Rome Statute (the foundation of the International Criminal Court), and assessing the effectiveness of the statute's implementation in the first decade of the court's operation. Chappell argues that although the ICC has provided mixed outcomes for gender justice, there have also been a number of important breakthroughs, particularly in regards to support for female judges.