Institutional Change and the International Criminal Court PDF Download
Are you looking for read ebook online? Search for your book and save it on your Kindle device, PC, phones or tablets. Download Institutional Change and the International Criminal Court PDF full book. Access full book title Institutional Change and the International Criminal Court by Cenap Çakmak. Download full books in PDF and EPUB format.
Author: Cenap Çakmak
Publisher: Routledge
ISBN: 1000430553
Category : Political Science
Languages : en
Pages : 145
Get Book
Book Description
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.
Author: Cenap Çakmak
Publisher: Routledge
ISBN: 1000430553
Category : Political Science
Languages : en
Pages : 145
Get Book
Book Description
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.
Author: Carsten Stahn
Publisher: Oxford University Press, USA
ISBN: 0198705166
Category : Law
Languages : en
Pages : 1441
Get Book
Book Description
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: Michael Bohlander
Publisher: Cameron May
ISBN: 1905017448
Category : Law
Languages : en
Pages : 506
Get Book
Book Description
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.
Author: Christopher Rudolph
Publisher: Cornell University Press
ISBN: 1501708414
Category : Political Science
Languages : en
Pages : 247
Get Book
Book Description
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.
Author: Salla Huikuri
Publisher: Palgrave MacMillan
ISBN: 9783030070649
Category :
Languages : en
Pages : 332
Get Book
Book Description
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. Salla Huikuri is Researcher at the Department of Political and Economic Studies, University of Helsinki, Finland. She was previously based at the Woodrow Wilson School of Public and International Affairs, Princeton University, USA, and at the Waseda University School of Law in Tokyo, Japan. Her research interests include global governance, legitimacy, EU and US foreign policies, qualitative methods, and international relations theories.
Author: Milton Owuor
Publisher: GRIN Verlag
ISBN: 3668729867
Category : Law
Languages : en
Pages : 37
Get Book
Book Description
Academic Paper from the year 2017 in the subject Law - Comparative Legal Systems, Comparative Law, grade: 1.0, University of Pretoria, language: English, abstract: This study seeks to establish how the legal and institutional framework for positive complementarity may be effectively implemented. It is argued that the existing legal and institutional framework in respect of the effective combatting of impunity is largely unsatisfactory. The evolution of the principle of complementarity, in the context of the Rome Statute, is explored with emphasis on the theoretical constraints on the principle which, in turn, raise practical challenges. The analysis provides a theoretical background to the conceptualisation of positive complementarity. The study traces the evolution and development of the concept of positive complementarity, examining its characteristic features and attributes, and the possibilities and opportunities the concept presents for the effective combatting of impunity. It examines the various scholarly arguments and propositions advanced to explain the concept of positive complementarity, and analyses the attendant challenges and limitations. It is noted that there is no fixed and universally acceptable definition of positive complementarity. It is therefore argued that there is a need for the establishment of a coherent legal and institutional framework for positive complementarity. In this light, appropriate policy alternatives and considerations both domestically and internationally, are considered. On the international level limitations characterising the current institutional framework of the Secretariat of the Assembly of States Parties (ASP Secretariat) are identified. It is argued that a fundamental restructuring of the ASP Secretariat is essential and measures to restructure the ASP Secretariat in order to reinforce its effectiveness in fulfilling its mandate on positive complementarity are identified. At the domestic level, the various aspects of implementing legislation are discussed. In conclusion, the establishment of an independent office to address positive complementarity and revitalise the institutional framework within the legal structures of the ASP Secretariat, is examined. The study envisages that the proposed institutional framework for the ASP Secretariat, if implemented, would effectively support the national jurisdictions of state parties in their implementation of the concept of positive complementarity. This study represents an unequivocally original contribution to knowledge and research.
Author: Caroline Fehl
Publisher:
ISBN:
Category :
Languages : en
Pages : 0
Get Book
Book Description
Author: Steven C. Roach
Publisher: Rowman & Littlefield
ISBN:
Category : Law
Languages : en
Pages : 238
Get Book
Book Description
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.
Author: Daniel Ehighalua
Publisher:
ISBN: 9781032442501
Category : International criminal courts
Languages : en
Pages : 0
Get Book
Book Description
"This book presents the argument that solution-driven policy and treaty changes, if faithfully implemented, will rekindle the relevance of the International Criminal Court (ICC) in combatting and prosecuting atrocity crimes. This work examines how the International Criminal Court could be re-envisioned to perform optimally, and why such reform is urgent. It also discusses the position of the USA towards the court and explores why it has been unable to transition from marginal engagement to full spectrum support by signing and ratifying the Rome Treaty 1998. The conceptual frameworks deployed range from how the US construes its 'national interest' to geo-political balancing and the present rudderless state of the rules order, in addition to the personal predilections of US Presidents and the Court's dysfunctional state. The objective is to show that if the ICC does not engender reforms internally, it will not survive the fissiparous tendencies innate in the presently fractured rules order. The work argues that only foundational reforms around treaty amendments along with institutional realignment of roles and responsibilities of the Court's principal officers will yet rescue it. The book will be of interest to researchers, academics and policy-makers working in the areas of International Criminal Law and International Relations"--
Author: Klaus Bachmann
Publisher: Studies in Political Transition
ISBN: 9783631770894
Category : International criminal courts
Languages : en
Pages : 0
Get Book
Book Description
Their decisions of International Criminal Tribunals often affect whole societies, governments, legislation in distant countries and trigger processes or adaptation in the administration of countries. Volume 2 presents the evidence from field studies in Sudan, South Sudan, Libya, Kenya, Kosovo, Ukraine and Russia.
