The Politics of International Criminal Law最新文献

{"title":"Prosecution for the Destruction of Cultural Property: Significance of the al Mahdi Trial","authors":"","doi":"10.1163/9789004372498_009","DOIUrl":"https://doi.org/10.1163/9789004372498_009","url":null,"abstract":"","PeriodicalId":429325,"journal":{"name":"The Politics of International Criminal Law","volume":"43 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-12-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114637839","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"The Politics of International Criminal Law","authors":"Holly Cullen, Philipp Kastner","doi":"10.1163/9789004372498","DOIUrl":"https://doi.org/10.1163/9789004372498","url":null,"abstract":"That law and politics are intertwined comes as a surprise only to the naïf. The nature and extent of their relationship, of course, is complicated and nuanced, especially at the international level. The Politics of International Criminal Law explores the “particularly charged” interaction between law and politics in the still young but rapidly growing field of international criminal law. It comprises eleven papers initially delivered at the 2016 Australian Criminal Law Workshop, several of which were published in the International Criminal Law Review in 2018. As the editors, Holly Cullen, adjunct professor of law at the University of Western Australia, Philipp Kastner, senior lecturer at the Law School of the University of Western Australia, and Sean Richmond, instructor at Carleton University, note in their introductory chapter, international criminal law (ICL) remains a “nascent legal regime [that] aims to regulate the longstanding power of states to define and manage war and crime” (p. 1). Because it “seeks to create a vertical regime on a horizontal plane, a system of legal coercion among actors accustomed to a more consensual regime,” ICL inescapably raises difficult issues about the relationship between law, power, and politics (id.).1 Accepting that “politics is ‘omnipresent’ in ICL” (p. 2), the volume seeks a deeper understanding of their interaction and its ultimate effect on the legitimacy of ICL as an emergent field. As a point of departure, the editors refer to Marti Koskenniemi’s observation that “when international law seeks to depoliticize international relations, it risks becoming either an apology for state interests and power inequalities, or an irrelevant moralistic utopia” (id.).2 This oscillation between law and politics provides the volume’s conceptual framework. The editors acknowledge, as they must, that the “law vs. politics” dichotomy is hardly an either/or proposition. While international criminal law and institutions are rooted in law, they have both political origins and political consequences far beyond their formal mandates. Moreover, the international criminal justice system can be (and on occasion has been) exploited for political purposes, so that it is at best difficult to maintain a clear separation between the admittedly political establishment of international criminal tribunals and their apolitical operation (p. 6). The editors concede that “there are both acceptable uses of law and unacceptable abuses of law to pursue political ends” (p. 16), although they understandably refrain from populating those categories. The volume’s eleven substantive chapters, divided into three parts, explore the balance (and tension) between law and politics in a variety of contexts. Part I addresses the politics of international criminal law in theory and practice, asking in particular why international criminal tribunals are created. In Chapter 1, entitled “Bridge Over Troubled Water,” Alexander Heinze, assistant professor of ","PeriodicalId":429325,"journal":{"name":"The Politics of International Criminal Law","volume":"26 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-12-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133052207","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"The Politics of International Criminal Justice: Hegemony and Humanity at the International Criminal Tribunal for the former Yugoslavia","authors":"","doi":"10.1163/9789004372498_004","DOIUrl":"https://doi.org/10.1163/9789004372498_004","url":null,"abstract":"","PeriodicalId":429325,"journal":{"name":"The Politics of International Criminal Law","volume":"2 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-12-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115400406","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Constructing International Criminal Justice across Time and Space","authors":"Emma J. Palmer","doi":"10.1163/15718123-01806008","DOIUrl":"https://doi.org/10.1163/15718123-01806008","url":null,"abstract":"Scholars have suggested that ratifying international treaties and implementing them within national legal systems can lead to the acceptance and (eventually) internalisation of international norms. Likewise, failing to ratify might suggest that states reject such norms. Similarly, ratifying the Rome Statute can be promoted as the primary measure to give effect to the norms protected by international criminal law. This perspective of the diffusion of international criminal justice involves at least three characteristics. First, a temporal aspect, in that states are expected to progress from rejecting international criminal justice toward acceptance over time. Second, it reveals a spatial awareness, including by distinguishing between international and ‘local’ norms and actors. Third, this approach includes assumptions about the movement of ideas across both time and space, or directionality. This article challenges temporal, spatial, and directional assumptions about how states engage with international criminal justice with reference to experiences in Southeast Asia.","PeriodicalId":429325,"journal":{"name":"The Politics of International Criminal Law","volume":"22 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-11-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114751987","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Bridge over Troubled Water – A Semantic Approach to Purposes and Goals in International Criminal Justice","authors":"A. Heinze","doi":"10.1163/15718123-01806006","DOIUrl":"https://doi.org/10.1163/15718123-01806006","url":null,"abstract":"International tribunals are both legal and political institutions and their list of goals is manifold. Hard cases carry an inflated reference to ‘purposes’ and ‘goals’ of these institutions – despite the herculean task of achieving these goals, the inherent tension between them and the lack of a ranking order. This article borrows from studies of both the politics of organisational decision-making and language philosophy to determine the meaning of ‘purpose’ and ‘goal’. Against the common understanding that uses both terms interchangeably, a distinction between ‘purpose’ and ‘goal’ goes beyond a mere semantic description and can actually offer a classification that might be used as a coarse screen to separate ‘core goals’ from other goals, provide a weak ranking order and relativise the alleged obligation to achieve these goals.","PeriodicalId":429325,"journal":{"name":"The Politics of International Criminal Law","volume":"5 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-11-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122751466","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"The Lost Kenyan Duel: The Role of Politics in the Collapse of the International Criminal Court Cases against Ruto and Kenyatta","authors":"D. Mburu","doi":"10.1163/15718123-01806007","DOIUrl":"https://doi.org/10.1163/15718123-01806007","url":null,"abstract":"This article contributes to the debate concerning the International Criminal Court and politics by regarding the Court as a coliseum on whose floor the Prosecutor duels with the defendants of his/her choosing. It focuses on the Ruto and Kenyatta cases arising from the 2007/2008 post-election violence in Kenya. The article begins with a background to the post-election violence. The second part discusses Kenya’s initial efforts to halt the icc proceedings against the six suspects. The third part considers how Kenyatta and Ruto used the icc prosecutions against them to get elected to the country’s presidency. The fourth part discusses how Kenya’s non-cooperation with the Prosecutor and the recantation and withdrawal of witnesses led to the collapse of the Kenyatta and Ruto cases. The fifth and final part concludes by arguing that the Prosecutor lost the duel due to a political miscalculation which Kenyatta and Ruto used to their advantage.","PeriodicalId":429325,"journal":{"name":"The Politics of International Criminal Law","volume":"87 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-11-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"134555811","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"The Office of the Prosecutor: Seeking Justice or Serving Global Imperialism?","authors":"Shannon Fyfe","doi":"10.1163/15718123-01806005","DOIUrl":"https://doi.org/10.1163/15718123-01806005","url":null,"abstract":"The international criminal courts and tribunals, especially the icc, have been strongly criticized for their susceptibility to political influence. Some have argued that the icc has a distinctly Western bias and is participating in a new kind of imperialism in Africa. Others argue that history and the complicity of the West should disqualify the international community from demanding the prosecution of individuals participating in conflicts resulting directly from colonialism. Many have focused on the nature of the creation of the judicial bodies and the inherent political nature of judicial decisions regarding whom to prosecute. In this article, I offer a normative defense of the icc, in which I acknowledge the icc’s structural protections against impermissible political influence, along with the vulnerabilities of the Chief Prosecutor to claims of distributive and substantive injustice.","PeriodicalId":429325,"journal":{"name":"The Politics of International Criminal Law","volume":"51 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-11-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124340036","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Counterterrorism and National Security: The Domestic/International Law Interface","authors":"V. Proulx","doi":"10.2139/SSRN.3239803","DOIUrl":"https://doi.org/10.2139/SSRN.3239803","url":null,"abstract":"","PeriodicalId":429325,"journal":{"name":"The Politics of International Criminal Law","volume":"28 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-08-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132757234","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}