Full Description
The Politics of International Criminal Law is an interdisciplinary collection of original research that examines the often noted but understudied political dimensions of International Criminal Law (ICL). As a nascent legal regime that seeks to regulate the longstanding power of states to manage war and crime, ICL faces challenges to its legitimacy, including disagreement over its aims and effectiveness; inequality in the work of its institutions; and opposition from dominant countries. The editors bring together eleven senior and emerging scholars and practitioners from Europe, Asia, Africa, Australia and North America to analyse these challenges from an illuminating range of theoretical and empirical perspectives. Taken together, the collection ultimately helps advance our understanding of the particularly charged relationship between law and politics in ICL.
Contents
Acknowledgements
Notes on Contributors
The Politics of International Criminal Law
Holly Cullen, Philipp Kastner and Sean Richmond
Part 1: The Politics of International Criminal Law in Theory and Practice
1 Bridge over Troubled Water - A Semantic Approach to Purposes and Goals in International Criminal Justice
Alexander Heinze
2 The Politics of International Criminal Justice: hegemony and Humanity at the International Criminal Tribunal for the Former Yugoslavia
Shannon Maree Torrens
3 Constructing International Criminal Justice across Time and Space
Emma Palmer
Part 2: Challenges to the International Criminal Court through African Interactions
4 The Office of the Prosecutor: seeking Justice or Serving Global Imperialism?
Shannon Fyfe
5 The Law and Politics of Norm Conflict: immunity versus Accountability and the Case of Al-Bashir
Catherine Moore
6 The Lost Kenyan Duel: the Role of Politics in the Collapse of the International Criminal Court Cases against Ruto and Kenyatta
Daniel M. Mburu
Part 3: International Criminal Law and Politics of Culture, Emotions and Voice
7 Prosecution for the Destruction of Cultural Property: significance of the Al Mahdi Trial
Lara Pratt
8 Emotions in International Criminal Law: reckoning with the Unknown
Josh Pallas
9 The Politics of Reparations at the International Criminal Court
Miriam Cohen
Part 4: Limits of International Criminal Law: international and National Security
10 Private Military Security Companies: addressing Accountability - A Suggested Model for Control
Pauline Collins
11 Counterterrorism and National Security: the Domestic/International Law Interface
Vincent-Joël Proulx
Index
