Download or read book Norm Contestation Sovereignty and Ir responsibility at the International Criminal Court written by Emanuela Piccolo Koskimies and published by Springer Nature. This book was released on 2021-10-26 with total page 163 pages. Available in PDF, EPUB and Kindle. Book excerpt: Grappling specifically with the norm of sovereignty as responsibility, the book seeks to advance a critical constructivist understanding of norm development in international society, as opposed to the conventional – or liberal – constructivist (mis)understanding that still dominates the debate. Against this backdrop, the book delves into the institutionalization of sovereignty as responsibility within the lived practice of the International Criminal Court (ICC). More to the point, the proposed exploration intends to revive questions about the power-laden nature of the normative fabric of international society, its dis-symmetries, and its outright hierarchies, in order to devise an original framework to operationalize research on how – institutional – practice impinges on norm development. To this end, the book resorts to an original creole vocabulary, which combines the contributions of post-positivist constructivist scholars with the legacy of key post-modernist thinkers such as Michel Foucault and Jacques Derrida, as well as critical approaches to International (Criminal) Law and Post-Colonial Studies. The book will appeal to scholars of international relations and international law, in addition to critical scholars more broadly, as well as to practitioners in the fields of human rights and international justice interested in normative theory and the implementation and contestation of international social norms.
Download or read book Immunity and International Criminal Law written by Yitiha Simbeye and published by Routledge. This book was released on 2017-03-02 with total page 129 pages. Available in PDF, EPUB and Kindle. Book excerpt: Two events occurred in 1998 that had far-reaching consequences for international justice: the adoption of the Statute for the International Criminal Court by the Diplomatic Conference of Plenipotentiaries in Rome (the Rome Statute); and the arrest in London of former President Pinochet for crimes against humanity. These events are, for many, the culmination of attempts to seek legal redress against those who commit international crimes. This stimulating, ground-breaking book debates the issues raised by international crimes. It highlights the two competing international law needs that must be addressed in this situation: the pursuit of international justice (which international criminal law purports to uphold), and the maintenance of international peace and security - an important rationale for the immunities of state officials abroad.
Download or read book International Norm Disputes written by Lisbeth Zimmermann and published by Oxford University Press. This book was released on 2023-06-27 with total page 305 pages. Available in PDF, EPUB and Kindle. Book excerpt: International Norm Disputes: The Link between Contestation and Norm Robustness offers a rich, comparative study of when and why contested international norms decline. It presents central findings on the link between contestation and norm robustness based on four detailed, contemporary case studies - the torture prohibition, the responsibility to protect, the moratorium on commercial whaling, and the duty to prosecute institutionalized in the International Criminal Court. It also includes two historical case studies - privateering and the transatlantic slave trade. This book provides in-depth knowledge on contestation and robustness dynamics of central international norms. Having meticulously collected relevant data and conducted extensive qualitative coding, the authors demonstrate that norms are likely to weaken when challengers contest the validity of a norm's core claims but remain robust when they contest a norm's application and contestation does not become permanent. These important findings, comparatively presented here for the first time, are crucial for understanding the much-discussed problems of the contemporary liberal international order. The insights provided establish how different types of challenges will affect global governance mechanisms and which conditions are most likely to create fundamental change.
Download or read book Tracing Value Change in the International Legal Order written by Krieger and published by Oxford University Press. This book was released on 2023-05-31 with total page 369 pages. Available in PDF, EPUB and Kindle. Book excerpt: International law is constantly navigating the tension between preserving the status quo and adapting to new exigencies. But when and how do such adaptation processes give way to a more profound transformation, if not a crisis of international law? To address the question of how attacks on the international legal order are changing the value orientation of international law, this book brings together scholars of international law and international relations. By combining theoretical and methodological analyses with individual case studies, this book offers readers conceptualizations and tools to systematically examine value change and explore the drivers and mechanisms of these processes. These case studies scrutinize value change in the foundational norms of the post-1945 order and in norms representing the rise of the international legal order post-1990. They cover diverse issues: the prohibition of torture, the protection of women's rights, the prohibition of the use of force, the nonproliferation of nuclear weapons, sustainability norms, and accountability for core international crimes. The challenges to each norm, the reactions by norm defenders, and the fate of each norm are also studied. Combined, the analyses show that while a few norms have remained surprisingly robust, several are changing, either in substance or in legal or social validity. The book concludes by integrating the conceptual and empirical insights from this interdisciplinary exchange to assess and explain the ambiguous nature of value change in international law beyond the extremes of mere progress or decline.
Download or read book International Justice and the International Criminal Court written by Bruce Broomhall and published by . This book was released on 2003 with total page 215 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Relationship between the International Criminal Court and National Jurisdictions written by Jo Stigen and published by BRILL. This book was released on 2008-09-30 with total page 548 pages. Available in PDF, EPUB and Kindle. Book excerpt: The principle of complementarity provides a framework as to when the Prosecutor of the ICC may and should interfere vis-à-vis national judicial systems. The principle acknowledges the primary right of states to prosecute while also recognising the need for international interference when states fail in this task. As formulated in the Rome Statute, however, it leaves complex questions unresolved. To mention a few: When is a national criminal proceeding really an attempt to shield the perpetrator? When can a national judicial system be characterised as unavailable? And when will an ICC prosecution serve the interests of justice? This book seeks to answer these and other related questions by interpreting the relevant provisions of the Rome Statute and discussing them in a broad context. The book also critically assesses policy considerations underlying the establishment of the ICC, including the implications of international criminal justice for achieving peace. It asks, inter alia, whether the ICC should set aside an amnesty which a national truth commission has granted in an attempt to achieve a peaceful transition from tyranny to democracy.
Download or read book International Crime and Punishment written by Sienho Yee and published by University Press of America. This book was released on 2003 with total page 186 pages. Available in PDF, EPUB and Kindle. Book excerpt: "International crime and punishment has captivated (or recaptivated) our attention since the early 1990s. Both the substantive contents of international crimes and the ways and means of punishing them have given us a great deal of food for thought. The entry into force on July 1, 2002 of the Rome Statute of the International Criminal Court has spurred further soul searching on these issues. This collection presents some voices in this debate. The issues tackled herein are among the more difficult and the less-treated ones. They relate to the definition of aggression, mistake of law as a defense, the doctrine of command responsibility, and the International Committee of the Red Cross as a witness before international criminal tribunals. These are more or less unsettled issues, and they cry out for rigorous treatment." -- from the Preface, p. [v].
Download or read book International Criminal Court written by and published by . This book was released on 2013 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Emergencies in Public Law written by Karin Loevy and published by Cambridge University Press. This book was released on 2016-03-11 with total page 323 pages. Available in PDF, EPUB and Kindle. Book excerpt: Debates about emergency powers traditionally focus on whether law can or should constrain officials in emergencies. Emergencies in Public Law moves beyond this narrow lens, focusing instead on how law structures the response to emergencies and what kind of legal and political dynamics this relation gives rise to. Drawing on empirical studies from a variety of emergencies, institutional actors, and jurisdictional scales (terrorist threats, natural disasters, economic crises, and more), this book provides a framework for understanding emergencies as long-term processes rather than ad hoc events, and as opportunities for legal and institutional productivity rather than occasions for the suspension of law and the centralization of response powers. The analysis offered here will be of interest to academics and students of legal, political, and constitutional theory, as well as to public lawyers and social scientists.
Download or read book The Responsibility to Protect and the International Criminal Court written by Serena K. Sharma and published by . This book was released on 2016 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the case of international mediation in Kenya as a test case of theresponsibility to prevent harm. The Responsibility to Protect (R2P) is a broad-based international commitment to protect populations from systematic human rights violations. The reaction to the post-election violence in Kenya in 2007 was swift and well coordinated, as international actors supported the African Union-sponsored mediation effort, which eventually brought the violence to a halt. Consequently, this crisis has featured in the UN's plans for implementing R2P. The attention this case has garnered reflects the renewed importance of prevention in the evolution of R2P. Although deemed the 'single most important dimension of R2P,' the responsibility to prevent has been consistently sidelined in favor of the other elements of R2P, such as the responsibility to react and responsibility to rebuild. This sidelining of prevention has, however, recently begun to shift in light of the persistent opposition to the more contentious aspects of R2P, over sovereignty and the association between R2P and military intervention. Given that the Kenyan crisis was resolved in the absence of military force, it has, for proponents of R2P, become a pertinent illustration of the responsibility to prevent. This book challenges the extent to which this case can be deemed a success story from the perspective of the responsibility to prevent. Although the international response did help forestall the violence, it fell short of effective preventive action in two crucial respects. First, indicators of violence prior to the crisis, which might have been acted upon at an earlier stage, went largely ignored. Second, in the interests of halting the violence, the mediation tended to privilege short-term measures, such as power-sharing. Though effective in the interim, such an approach remains unlikely to prevent a recurrence of violence in the future. The international response to this case can more accurately be described as a metaphorical bandaging of Kenya's wounds. Successful preventive action in this case necessitated a deeper level of international engagement, which would have likely reintroduced some of the more contested elements of R2P. As the author argues, the pursuit of R2P through a preventive lens illuminates, rather than mitigates, the contentious aspects of R2P. Instead of serving as a blueprint for R2P, the Kenyan crisis reveals the fundamental challenges associated with the prevention of mass atrocities. This book will be of interest to students of the Responsibility to Protect, humanitarian intervention. African politics, war and conflict studies and IR/Security Studies in general.
Download or read book Defending the Society of States written by Jason Ralph and published by . This book was released on 2007 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Prosecuting Heads of State written by Ellen L. Lutz and published by Cambridge University Press. This book was released on 2009-03-16 with total page 349 pages. Available in PDF, EPUB and Kindle. Book excerpt: The meteoric rise in criminal prosecutions of former heads of state is examined for the first time in this probing and engaging narrative.
Download or read book Understanding the International Criminal Court written by International Criminal Court and published by . This book was released on 2011 with total page 43 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book A Theory of Contestation written by Antje Wiener and published by Springer. This book was released on 2014-08-14 with total page 104 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Theory of Contestation advances critical norms research in international relations. It scrutinises the uses of ‘contestation’ in international relations theories with regard to its descriptive and normative potential. To that end, critical investigations into international relations are conducted based on three thinking tools from public philosophy and the social sciences: The normativity premise, the diversity premise and cultural cosmopolitanism. The resulting theory of contestation entails four main features, namely types of norms, modes of contestation, segments of norms and the cycle of contestation. The theory distinguishes between the principle of contestedness and the practice of contestation and argues that, if contestedness is accepted as a meta-organising principle of global governance, regular access to contestation for all involved stakeholders will enhance legitimate governance in the global realm.
Download or read book Intersections of Law and Culture at the International Criminal Court written by Julie Fraser and published by Edward Elgar Publishing. This book was released on 2020-10-30 with total page 456 pages. Available in PDF, EPUB and Kindle. Book excerpt: This pioneering book explores the intersections of law and culture at the International Criminal Court (ICC), offering insights into how notions of culture affect the Court’s legal foundations, functioning and legitimacy, both in theory and in practice.
Download or read book UN Security Council Referrals to the International Criminal Court written by Alexandre Skander Galand and published by BRILL. This book was released on 2018-11-22 with total page 278 pages. Available in PDF, EPUB and Kindle. Book excerpt: Galand critically spells out a comprehensive conception of the nature and effects of Security Council referrals that responds to the various limits to the International Criminal Court's exercise of jurisdiction over situations that concern nationals and territories of non-party States.
Download or read book International Norm Disputes written by Lisbeth Zimmermann and published by Oxford University Press. This book was released on 2023-07-20 with total page 305 pages. Available in PDF, EPUB and Kindle. Book excerpt: International Norm Disputes: The Link between Contestation and Norm Robustness offers a rich, comparative study of when and why contested international norms decline. It presents central findings on the link between contestation and norm robustness based on four detailed, contemporary case studies - the torture prohibition, the responsibility to protect, the duty to prosecute institutionalized in the International Criminal Court, and the moratorium on commercial whaling. It also includes two historical case studies - privateering and the transatlantic slave trade. This scholarly volume provides in-depth knowledge on contestation and robustness dynamics of central international norms. Having meticulously collected relevant data and conducted extensive qualitative coding, the authors clearly demonstrate that norms are likely to weaken when challengers contest the validity of a norm's core claims but remain robust when they contest a norm's application and contestation does not become permanent. These important findings, comparatively presented here for the first time, are crucial for understanding the much-discussed problems of the contemporary liberal international order. The insights provided establish how different types of challenges will affect global governance mechanisms and which conditions are most likely to create fundamental change.
