基本説明
Providing a systematic analysis of the ethics and politics of the ICC, the book argues that it is a political insitution whose legal dynamics need to be undersood as constructive features of global politics.
Full 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.
Contents
Chapter 1 Introduction: The Global Politics of Criminalizing Violence
Part 2 Part I History and Legal Structure
Chapter 3 Historical Background: From the League of Nations to the Rome Conference
Chapter 4 Legal Principles and Political Issues
Part 5 Part II Theory and Ethics
Chapter 6 Legalization, Pragmatic Ethics, and Integration
Chapter 7 Constructing World Society: The Ethics and Politics of Global Juridification
Chapter 8 Value Pluralism and Political Cosmopolitanism
Part 9 Part III Political Legalism: Political Strategies and Policy Arrangements
Chapter 10 U.S. Opposition and Strategic Accommodation
Chapter 11 Religion and Politics: Arab States and the Role of Islamic Ethics
Chapter 12 A Cooperative Arrangement with the U.N. Security Council
Chapter 13 Conclusion: Toward New Global Political Order
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