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.

Politicizing the International Criminal Court
Politicizing the International Criminal Court

Author: Steven C. Roach

Publisher: Rowman & Littlefield

Published: 2006

Total Pages: 232

ISBN-13: 9780742541047

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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

Author: Larry May

Publisher: Cambridge University Press

Published: 2009-10-12

Total Pages: 269

ISBN-13: 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

Author: Mark Kersten

Publisher: Oxford University Press

Published: 2016-08-04

Total Pages: 273

ISBN-13: 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.

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.

Complementarity, Catalysts, Compliance
Complementarity, Catalysts, Compliance

Author: Christian M. De Vos

Publisher: Cambridge University Press

Published: 2020-04-23

Total Pages: 389

ISBN-13: 1108472486

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Critically explores the International Criminal Court's evolution and the domestic effects of its interventions in three African countries.

The International Criminal Court
The International Criminal Court

Author: Marlies Glasius

Publisher: Routledge

Published: 2006-03-29

Total Pages: 177

ISBN-13: 1134315678

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A universal criminal court : the emergence of an idea -- The global civil society campaign -- The victory : the independent prosecutor -- The defeat : no universal jurisdiction -- The controversy : gender and forced pregnancy -- The missed chance : banning weapons -- A global civil society achievement : why rejoice?

The Crime of Aggression
The Crime of Aggression

Author: Claus Kreß

Publisher: Cambridge University Press

Published: 2016-10-27

Total Pages:

ISBN-13: 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.

Political Trials in Theory and History
Political Trials in Theory and History

Author: Jens Meierhenrich

Publisher: Cambridge University Press

Published: 2017-02-27

Total Pages: 451

ISBN-13: 1108107656

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From the trial of Socrates to the post-9/11 military commissions, trials have always been useful instruments of politics. Yet there is still much that we do not understand about them. Why do governments use trials to pursue political objectives, and when? What differentiates political trials from ordinary ones? Contrary to conventional wisdom, not all political trials are show trials or contrive to set up scapegoats. This volume offers a novel account of political trials that is empirically rigorous and theoretically sophisticated, linking state-of-the-art research on telling cases to a broad argument about political trials as a socio-legal phenomenon. All the contributors analyse the logic of the political in the courtroom. From archival research to participant observation, and from linguistic anthropology to game theory, the volume offers a genuinely interdisciplinary set of approaches that substantially advance existing knowledge about what political trials are, how they work, and why they matter.

Critical Theory of International Politics
Critical Theory of International Politics

Author: Steven C. Roach

Publisher: Routledge

Published: 2013-05-13

Total Pages: 185

ISBN-13: 1135173699

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Critical international theory encompasses several distinct, radical approaches that focus on identity, difference, hegemonic power, and order. As an applied theory, critical international theory draws on critical social theories to shed light on international processes and global transformations. While this approach has led to increasing interest in formulating an empirically relevant critical international theory, it has also revealed the difficulties of applying critical theory to international politics. What are these difficulties and problems? And how can we move beyond them? This book addresses these questions by investigating the intellectual currents and key debates of critical theory, from Kant and Hegel to Habermas and Derrida, and the recent work of critical international theory, including Robert Cox and Andrew Linklater. By drawing on these debates, the book formulates an original theory of complementarity that brings together critical theory and critical international theory. It argues that complementarity—a governing principle in international law and politics—offers a conceptual framework for working toward two goals: engaging the changing contexts and forms of resistance and redressing some of the difficulties of applying critical theory to international relations. In adopting three critical perspectives on complementarity to analyze the evolving social and political contexts of global justice, this book provides an essential resource for undergraduate and graduate students and scholars interested in the application of critical theory to international relations.