Cosmopolitanism and the Development of the International Criminal Court

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Release : 2019-08-01
Genre : Law
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Book Rating : 807/5 ( reviews)

Cosmopolitanism and the Development of the International Criminal Court - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Cosmopolitanism and the Development of the International Criminal Court write by Jennifer Biedendorf. This book was released on 2019-08-01. Cosmopolitanism and the Development of the International Criminal Court available in PDF, EPUB and Kindle. Cosmopolitanism and the Development of the International Criminal Court analyzes a set of prominent and competing discourses that emerged in the context of the development and establishment of the International Criminal Court (ICC). The ICC is the first permanent juridical body designed to prosecute individuals who commit offences including war crimes, crimes against humanity, and genocide. Drawing on scholarship on public memory and human rights, the book argues that international law and the international human rights system play a key role for the development of transnational memory discourses and transnational or cosmopolitan subjectivities. Despite the International Criminal Court being recognized as a landmark development in global cooperation, an examination of key events in the development of the court shows how some state and nonstate actors advance calls for cosmopolitanism while others resist cosmopolitanism to bolster nation-state sovereignty. Drawing on the establishment of the International Criminal Court as a case study, the book examines several events that continue to shape national and international public discourse. The book examines debates that occurred during the drafting process of the international treaty at the United Nations and that led to the groundbreaking inclusion of provisions on gender and sexual violence in the Rome Statute of the ICC in 1998. The analysis discusses the tension between feminist advocates’ rhetoric and the discourse of anti–women’s rights actors involved in the treaty-making process who resisted such inclusions in international criminal law. The book analyzes other key events related to the establishment of the ICC that invoke tensions between competing demands of cosmopolitanism and national sovereignty, including advocacy campaigns by nongovernmental organizations working to drum up public support of the institution of the International Criminal Court and the debates surrounding the unprecedented act of the United States “unsigning” an international treaty. In sum, this examination of the rhetoric of state and nonstate actors attempting to shape the court according to their visions of global community shows how discourses about international criminal law and human rights are employed not only to advance cosmopolitanism but also to strengthen nationalist discourses.

Governance, Order, and the International Criminal Court

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Release : 2009-05-07
Genre : Law
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Book Rating : 738/5 ( reviews)

Governance, Order, and the International Criminal Court - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Governance, Order, and the International Criminal Court write by Steven C. Roach. This book was released on 2009-05-07. Governance, Order, and the International Criminal Court available in PDF, EPUB and Kindle. How has the International Criminal Court been able to evolve into a fairly effective, albeit relatively untested multi-level model of global governance? This volume explores this question and the novel predicament it represents for understanding the challenges of extending global governance and promoting global justice.

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

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Release : 2017-03-07
Genre : Political Science
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Book Rating : 64X/5 ( reviews)

The International Criminal Court as a Means to Realize Universal Human Rights - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook The International Criminal Court as a Means to Realize Universal Human Rights write by Ronja Maus. This book was released on 2017-03-07. The International Criminal Court as a Means to Realize Universal Human Rights available 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.

Defining International Terrorism

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Release : 2017-08-01
Genre : Law
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Book Rating : 04X/5 ( reviews)

Defining International Terrorism - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Defining International Terrorism write by Stella Margariti. This book was released on 2017-08-01. Defining International Terrorism available in PDF, EPUB and Kindle. This book is an attempt to approach the issue of defining international terrorism, proposing that the most workable way to do so is to achieve due balance between the two principal driving forces of international law developments: State sovereignty interests and cosmopolitan ideals. All those who aspire to the promotion of international criminal justice and the fight against impunity agree that the formulation of a universal definition of international terrorism will further enhance the fight against terrorism and offer a universally acceptable legal framework within which this fight can be conducted. Discussed in an in-depth manner are, for instance, the UN Charter Provisions, the Rome Statute and the principle of complementarity, the Kampala amendments on the crime of aggression, the paradigms of aggression and terrorism, and prominent anti-terrorist Security Council Resolutions such as Resolution 1368 and Resolution 1373. The volume broadens the reader’s understanding on how State sovereignty interests and priorities as well as ideals of cosmopolitanism have influenced the development of international law in general and international criminal law in particular. Furthermore, it simplifies the complicated picture of defining international crimes by explaining how the ‘State sovereignty’ and ‘Cosmopolitanism’ dynamics have also been of relevance throughout the drafting process of the definition of the crime of aggression for the purposes of the Rome Statute for the International Criminal Court. In addition, it equips the reader with an understanding of the reasons behind the lack of an international definition for terrorism and suggests an appropriate context within which such a definition can take shape. It intends to appeal to academics and students with an interest in international criminal law and the international criminal justice system, international law and security, but also to anyone with an interest in transnational crime and counter-terrorism. Stella Margariti has recently graduated from the University of Dundee where she attained the title of Doctor from the School of Law.

Cosmopolitan Justice and its Discontents

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Release : 2011-04-01
Genre : Law
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Book Rating : 372/5 ( reviews)

Cosmopolitan Justice and its Discontents - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Cosmopolitan Justice and its Discontents write by Cecilia Bailliet. This book was released on 2011-04-01. Cosmopolitan Justice and its Discontents available in PDF, EPUB and Kindle. Cosmopolitan Justice and its Discontents pursues a reflection upon the institutional orders designed to ensure respect for the rule of law, human rights, and social justice. The majority of literature on cosmopolitanism tends to be oriented in sociology, political science or philosophy, and is largely positive. This book aims to fill the lacuna with respect to critical and legal perspectives in this field. In particular, it highlights the importance of international economic law and its institutions when evaluating the evolution of cosmopolitan norms. In addition, it provides critical and multidisciplinary perspectives on Cosmopolitan Justice and Sovereignty; Institutions, Civil Society and Accountability; and Social Exclusion, Migration, and Global Markets. This book will be of considerable interest to academics and students concerned with international public and private law, international criminal law, international economic law, human rights, migration, criminology, political science, and philosophy.