基本説明
Critical evaluation of the doctrine of humanitarian intervention.
Full Description
The evolving concept of universal jurisdiction, the modern doctrine of humanitarian intervention, and the challenges faced by legal theory in addressing issues of international terrorism are subjects of this profound study. The author's main intention is to reflect upon the legal and philosophical foundations of international criminal law in the context of politics. He analyzes the prospects of the International Criminal Court and compares this institution to other forms of universal jurisdiction such as the Security Council's ad hoc tribunals. He also points out the problem of double standards in the current practice of "humanitarian politics". Hans Koechler was appointed by the Secretary-General of the United Nations as international observer at the Lockerbie trial in the Netherlands. His experience gained at the "trial of the century" motivated him to reflect on the feasibility of international criminal justice and humanitarian intervention in the framework of the present unipolar world order.
Contents
Introduction.- The developing idea and practice of international criminal justice in the context of state sovereignty and individual responsibility: Preliminary remarks; The rationale of universal jurisdiction; The dilemma of international criminal justice in the framework of state-centered international law: The question of enforcement; Efforts towards international criminal justice since the 19th century; The primary avenues of international criminal justice: A critical appraisal; Problems of the application of universal jurisdiction by the ICC under the conditions of a unipolar world order.- Humanitarian intervention in the context of modern power politics: The concept of humanitarian intervention and its historical background; The development of international law and the prohibition of the use of force in the 20th century; The revival of interventionism in the new imperial order of the 21st century; The doctrine of humanitarian intervention and the de facto reintroduction of the jus ad bellum; The renaissance of power politics in humanitarian clothes - The end of international law?.- The United Nations, the international rule of law and terrorism: The United Nations Organization in the global power constellation; Obstacles to the enforcement of the international rule of law in a unipolar power structure; The dilemma faced by the United Nations in the fight against terrorism; The history of United Nations codification efforts and measures against terrorism; The way out of the dilemma: Comprehensive definition of terrorism by means of integration into existing instruments of international humanitarian law and international criminal law; The conditions for a consistent anti-terrorist policy of the United Nations.- Annex: Memorandum on the indictments by the International Criminal Tribunal for the former Yugoslavia (1999); International criminal justice and power politics: The Lockerbie case (UN observer reports); The Baku Declaration on Global Dialogue and Peaceful Co-Existence Among Nations and the Threats Posed by International Terrorism (2001).- Bibliography.- Legal instruments, conventions, decisions and documents related to issues of international law, with an emphasis on international criminal law and international humanitarian law.- Bibliographical references.- Index of names.- Index of subjects.- Glossary of acronyms.- Selected publications by Hans Kochler in the field of international relations
