Building the International Criminal Court

ISBN-10: 0521694728
ISBN-13: 9780521694728
Edition: 2008
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Description: The ICC is the first and only standing international court capable of prosecuting humanity's worst crimes: genocide, war crimes, and crimes against humanity. It faces huge obstacles. It has no police force; it pursues investigations in areas of  More...

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Book details

List price: $35.99
Copyright year: 2008
Publisher: Cambridge University Press
Publication date: 5/5/2008
Binding: Paperback
Pages: 322
Size: 6.00" wide x 9.25" long x 0.75" tall
Weight: 0.990
Language: English

The ICC is the first and only standing international court capable of prosecuting humanity's worst crimes: genocide, war crimes, and crimes against humanity. It faces huge obstacles. It has no police force; it pursues investigations in areas of tremendous turmoil, conflict, and death; it is charged both with trying suspects and with aiding their victims; and it seeks to combine divergent legal traditions in an entirely new international legal mechanism. International law advocates sought to establish a standing international criminal court for more than 150 years. Other, temporary, single-purpose criminal tribunals, truth commissions, and special courts have come and gone, but the ICC is the only permanent inheritor of the Nuremberg legacy. In Building the International Criminal Court, Oberlin College Professor of Politics Ben Schiff analyzes the ICC, melding historical perspective, international relations theories, and observers' insights to explain the Court's origins, creation, innovations, dynamics, and operational challenges.

Benjamin N. Schiff is Professor of Politics at Oberlin College, teaching international relations; international law and organization; Middle East politics; war, weapons, and arms control; and international criminal law. From 2005-6, he was Visiting Professor of Law at Leiden University's Grotius Centre for International Legal Studies. He is author of two previous books on international organizations and co-author of a book on South Africa during its transition to democracy. He was Foreign Affairs Officer, US Arms Control and Disarmament Agency (1978-9) and was educated at the University of California, Berkeley (PhD, 1982; MA, 1975) and Michigan State University (BA, 1973).

Preface
Acronyms
Introduction
The Court
Theoretical Perspective
Conundrums
River of Justice
Law: Divine, Natural, and Positive
International Humanitarian and Criminal Law
Swelling Streams of Justice
End of the Cold War and Resurfacing of Interest in an ICC
Explaining the Gathering Tide
Learning from the Yugoslavia and Rwanda Tribunals
The Tribunals' Mandates
Organization and Leadership
Tribunal Tribulations
Operational and Legal Innovations
Constructivism, Realism, Neoliberal Institutionalism
The Statute - Justice versus Sovereignty
Brief Negotiating History
The Preamble: Sovereignty, Perfectibility, and Identity
The Crimes
Taking Sovereignty Seriously
Old and New Justice Paradigms in the Statute
Why Do States Join?
Conclusions
Preamble of the Rome Statute of the International Criminal Court
Rome Statute Crimes
Building the Court
From Statute to Court
Cranking Up the Engine
Internal Frictions
New Justice Innovations
Coordination and Planning
Conclusions
NGOs - Advocates, Assets, Critics, and Goads
International Relations Theory and NGOs
Growth of NGO Involvement
NGOs and the Statute
Advocacy, Advice, and Outreach
The NGOs and ICC Operations
The Evolving NGO-ICC Relationship
Conclusions
ICC-State Relations
The Court's Supporters and Opponent(s)
States' Policy Oversight
Stateside Complementarity: Cooperating with the Court
Conclusions
The First Situations
Uganda
Congo
Sudan
The Central African Republic
Other Possible Situations
Conclusions
Conclusions: The Politics of the International Criminal Court
Mandate
Structure
Operations
NGOs
States
The Situations
Building Justice
Web Sites for Further and Ongoing Information
Bibliography and Sources
Index

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