Politicizing the International Criminal Court: The Convergence of Politics, Ethics, and Law

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Rowman & Littlefield, 2006 - Law - 213 pages
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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.
 

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Contents

Historical Background From the League of Nations to the Rome Conference
19
Legal Principles and Political Issues
41
THEORY AND ETHICS
61
Legalization Pragmatic Ethics and Integration
63
Constructing World Society The Ethics and Politics of Global Juridification
81
Value Pluralism and Political Cosmopolitanism
99
POLITICAL LEGALISM POLITICAL STRATEGIES AND POLICY ARRANGEMENTS
115
US Opposition and Strategic Accommodation
117
Religion and Politics Arab States and the Role of Islamic Ethics
137
A Cooperative Arrangement with the UN Security Council
159
Conclusion Toward a New Global Political Order
179
Bibliography
191
Index
207
About the Author
213
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About the author (2006)

Steven C. Roach is assistant professor in the Department of Government and International Affairs at the University of South Florida. He is the author of Cultural Autonomy, Minority Rights, and Globalization, and editor of Critical Theory and International Relations: A Reader. He has published numerous articles in peer-reviewed journals and is currently finishing a book on the evolution of critical international theory.

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