Governance, Order, and the International Criminal Court: Between Realpolitik and a Cosmopolitan Court
Steven C. Roach
OUP Oxford, May 7, 2009 - Political Science - 302 pages
Since entering into force in July 2002, the International Criminal Court (ICC) has emerged as one of the most intriguing models of global governance. This innovative edited volume investigates the challenges facing the ICC, including the dynamics of politicized justice, US opposition, an evolving and flexible institutional design, the juridification of political evil, negative and positive global responsibility, the apparent conflict between peace and justice, and the cosmopolitanization of law. It argues that realpolitik has tested the ICC's capacity in a mostly positive manner and that the ambivalence between realpolitik and justice constitutes a novel predicament for extending global governance. The arguments of each essay are framed by a timely and original approach designed to assess the nuanced relationship between realpolitik and global justice. The approach - which interweaves four International Relations approaches, rationalism, constructivism, communicative action theory, and moral cosmopolitanism - is guided by the metaphor of the switch levers of train tracks, in which the Prosecutor and Judges serve as the pivotal agents switching the (crisscrossing) tracks of realpolitik and cosmopolitanism. With this visual aid, this volume of essays shows just how the ICC has become one of the most fascinating points of intersection between law, politics, and ethics.
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action actors American Arendt argued argument Article ASPA atrocities Cambridge challenges chapter claim committed complementarity conflict constitutive constructivist cooperation cosmopolitan control created crimes against humanity Darfur Darfur genocide delegation discourse discussed domestic effect enforcement establishment evil exercise explain genocide global governance government’s human rights ICC Prosecutor ICC Statute ICC’s ICTY independent individual institutional design interests International Criminal Court international criminal justice international law International Relations international society investigation issue Janjaweed Journal of International Kant leaders legitimacy logic Lord’s Resistance Army military moral national courts negotiations neoliberal NGOs norms peace permanent perpetrators perspective principle problem prosecution ratified rationalist realpolitik refers regime responsibility Risse role Rome Conference Rome Statute rules Rwanda Scheffer Security Council Senate situation Snidal sovereign sovereignty costs state’s Sudan Sudanese theory tion treaty trials Uganda UN Security Council universal jurisdiction University Press violations violence vote war crimes