The International Criminal Court as a Means to Realize Universal Human Rights

The International Criminal Court as a Means to Realize Universal Human Rights
Author: Ronja Maus
Publisher: GRIN Verlag
Total Pages: 27
Release: 2017-03-07
Genre: Political Science
ISBN: 366841064X

Download The International Criminal Court as a Means to Realize Universal Human Rights Book in PDF, Epub and Kindle

Seminar paper from the year 2015 in the subject Politics - Topic: International Organisations, grade: 1,0, University of Tubingen, language: English, abstract: More than 10 years ago the International Criminal Court entered into force. It was designed to be a model of a global governing of human rights. Trying to set universal standards for the jurisdiction of human rights, it is the first time in human history, that serious human rights violations such as genocide, crimes against humanity, war crimes, and the crime of aggression can be judged in a court of law. The thesis will argue, that the ICC therefore presents a milestone on the realization of international human rights. However, the ICC has to face many obstacles, most prominently the opposition by several UN member states, who refuse to accede the Court. The thesis will illuminate this development with the help of some cosmopolitan approaches. The focus will be on the progress of universal human rights over the last centuries with the remarkable climax of the Universal Declaration of Human Rights, which also laid the roots for the later foundation of the ICC. In chapter 3 this thesis will broach the issue of the obstacles regarding the realization of human rights. As mentioned above, a major opposition still stems from the nation states, who are partly still stuck on a realist view of the international system. Out of fear, that they might lose sovereignty, they prefer to follow their national interest instead of putting universal human rights into practice. To explicate this behavior of nation states, I have consulted the article „In the national interest“, published by Allen Buchanan in 2005. He reflects on the observation that human rights are in practice in most of all cases incompatible with the national interest of a nation state. Although the majority of all states will commit themselves on paper to the noble goal of human rights promotion, in reality their foreign policy will quite often display quite the opposite. As a reply, I will argue with the help of David Held, that a cosmoplitan answer to overcome these obstacles is possible by creating common institutions as a new layer of legal competence to which people can transfer public powers. To illustrate these considerations I will then discuss the International Criminal Court, as an example of such a cosmopolitan institution.

Rules, Politics, and the International Criminal Court

Rules, Politics, and the International Criminal Court
Author: Yvonne Dutton
Publisher: Routledge
Total Pages: 198
Release: 2013-08-21
Genre: Political Science
ISBN: 1134124392

Download Rules, Politics, and the International Criminal Court Book in PDF, Epub and Kindle

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.

An Introduction to the International Criminal Court

An Introduction to the International Criminal Court
Author: William Schabas
Publisher: Cambridge University Press
Total Pages: 613
Release: 2017-01-26
Genre: Law
ISBN: 110713370X

Download An Introduction to the International Criminal Court Book in PDF, Epub and Kindle

A fifth edition introduction to the law and practice of the International Criminal Court since it became fully operational.

International Criminal Law and Human Rights

International Criminal Law and Human Rights
Author: Claire De Than
Publisher:
Total Pages: 608
Release: 2003
Genre: Law
ISBN:

Download International Criminal Law and Human Rights Book in PDF, Epub and Kindle

This is an in-depth analysis of the complex and challenging field of international prosecution and human rights. It explains the role and operation of the International Criminal Court, and explores the various challenges confronting it.

The International Criminal Court and Global Social Control

The International Criminal Court and Global Social Control
Author: Nerida Chazal
Publisher: Routledge
Total Pages: 175
Release: 2015-12-14
Genre: Law
ISBN: 1317589661

Download The International Criminal Court and Global Social Control Book in PDF, Epub and Kindle

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.

The International Criminal Court

The International Criminal Court
Author: Olympia Bekou
Publisher: Routledge
Total Pages: 508
Release: 2017-11-28
Genre: Law
ISBN: 1351146386

Download The International Criminal Court Book in PDF, Epub and Kindle

The creation of the International Criminal Court (ICC) in 1998 represented an important step in the international effort to repress genocide, war crimes and crimes against humanity. As there has been enormous scholarly discussion of the ICC, it is difficult and time-consuming to obtain the best writing on the subject. This volume collects the foremost analyses of each part of the ICC to form a convenient reference tool for all those wishing to understand perhaps the most important legal development of the past two decades.

Universal Jurisdiction in International Criminal Law

Universal Jurisdiction in International Criminal Law
Author: Aisling O'Sullivan
Publisher: Routledge
Total Pages: 439
Release: 2017-02-03
Genre: Law
ISBN: 131730120X

Download Universal Jurisdiction in International Criminal Law Book in PDF, Epub and Kindle

With the sensational arrest of former Chilean dictator Augusto Pinochet in 1998, the rise to prominence of universal jurisdiction over crimes against international law seemed to be assured. The arrest of Pinochet and the ensuing proceedings before the UK courts brought universal jurisdiction into the foreground of the "fight against impunity" and the principle was read as an important complementary mechanism for international justice –one that could offer justice to victims denied an avenue by the limited jurisdiction of international criminal tribunals. Yet by the time of the International Court of Justice’s Arrest Warrant judgment four years later, the picture looked much bleaker and the principle was being read as a potential tool for politically motivated trials. This book explores the debate over universal jurisdiction in international criminal law, aiming to unpack a practice in which international lawyers continue to disagree over the concept of universal jurisdiction. Using Martti Koskenniemi’s work as a foil, this book exposes the argumentative techniques in operation in national and international adjudication since the 1990s. Drawing on overarching patterns within the debate, Aisling O’Sullivan argues that it is bounded by a tension between contrasting political preferences or positions, labelled as moralist ("ending impunity") and formalist ("avoiding abuse") and she reads the debate as a movement of hegemonic and counter-hegemonic positions that struggle for hegemonic control. However, she draws out how these positions (moralist/formalist) merge into one another and this produces a tendency towards a "middle" position that continues to prefer a particular preference (moralist or formalist). Aisling O’Sullivan then traces the transformation towards this tendency that reflects an internal split among international lawyers between building a utopia ("court of humanity") and recognizing its impossibility of being realized.

An Introduction to the International Criminal Court

An Introduction to the International Criminal Court
Author: William Schabas
Publisher:
Total Pages: 598
Release: 2017
Genre: International crimes
ISBN: 9781316882900

Download An Introduction to the International Criminal Court Book in PDF, Epub and Kindle

"The International Criminal Court ushered in a new era in the protection of human rights. The Court prosecutes genocide, crimes against humanity, war crimes, and the crime of aggression when national justice systems are either unwilling or unable to do so themselves. This fifth edition ... describes a Court which is no longer in its infancy; the Court is currently examining situations that involve more than twenty countries in every continent of the planet. This book considers the difficulties in the Court's troubled relationship with Africa, the vagaries of the position of the United States, and the challenges the Court may face as it confronts conflicts around the world. It also reviews the history of international criminal prosecution and the Rome Statute."--

The International Criminal Court in Search of Its Purpose and Identity

The International Criminal Court in Search of Its Purpose and Identity
Author: Triestino Mariniello
Publisher:
Total Pages: 0
Release: 2015
Genre: International crimes
ISBN: 9780415747776

Download The International Criminal Court in Search of Its Purpose and Identity Book in PDF, Epub and Kindle

The International Criminal Court (ICC) is the first permanent international criminal tribunal, which has jurisdiction over the most serious crimes of concern to the international community as a whole: genocide, crimes against humanity, war crimes, and aggression. It constitutes a fundamental step in the evolution of the universal system of human rights protection and in the fight of impunity for the crimes in question. This book critically analyses the law and practice of the ICC, and its contribution to the development of international criminal law and policy. The focus is placed on the key challenges, both procedural and substantive, faced by the ICC since its establishment. Contributors to the book include leading experts in international criminal justice, who cover topics including: proposals for the ICC to prosecute a new generation of international crimes, victims reparations, the evidentiary threshold for the confirmation of charges, and claims that the ICC has unfairly targeted countries in Africa. The book also considers the relationship between the International Criminal Court and States and explores the impact that the new regime of international criminal justice has had on countries where the most serious crimes have been committed. In drawing together these strands the book provides a significant contribution in assessing how the ICC's practice could be refined or improved in future cases.