Trials and Tribulations of International Prosecution

Trials and Tribulations of International Prosecution
Author :
Publisher : Lexington Books
Total Pages : 361
Release :
ISBN-10 : 9780739169414
ISBN-13 : 0739169416
Rating : 4/5 (416 Downloads)

Book Synopsis Trials and Tribulations of International Prosecution by : Henry F. Carey

Download or read book Trials and Tribulations of International Prosecution written by Henry F. Carey and published by Lexington Books. This book was released on 2013-02-14 with total page 361 pages. Available in PDF, EPUB and Kindle. Book excerpt: There have been many political dilemmas that impose structural constraints on the effort to legalize, judicialize, and criminalize normatively deviant behavior in international politics. The annual costs of these tribunals has peaked at approximately $400 million, of which $140 million is allocated to the ICC, the latter now having spent $1 billion in its first decade of existence. What has been the track record of these international criminal courts with jurisdiction to try heads of states and leading official and military officers? Has the domestic political will of states increased to prosecute their own leaders, following the ICC’s complimentary jurisdiction? How have powerful states supported these courts and how have they undermined them? In succeeding in punishing a number of high-profile cases, the tribunals arguably constitute what Habermas called communicative action that expresses the aspirations and nascent norms of international society. Beyond the confines of a specific of international cooperation, these courts are increasingly becoming norm entrepreneurs, defining the norms of coexistence among states, such that internal atrocities are seen not only as international crimes, but threats to the stability and order of international society. These courts are also redefining the attributes of what states must practice to preserve their reputations, a breach of which will prove increasingly costly. The tribunals are increasingly incentivizing and mobilizing informational networks from NGOs, IGOs, and states to document and publicize violations of international criminal law, thereby increasing exposure risks of perpetration. To be sure the patchwork of compliance and norm communication is fraught with double standards, hypocrisy, selective enforcement, and neoimperial delegitimation of the subaltern. Still, what has begun as institutions created in the absence of humanitarian action by the powerful may come to constitute normal state attributes similar to sovereignty, whose violation will be seen as not only illegitimate, but also meriting humanitarian action to correct and punish such behavior. The question remains whether ongoing impunity of both the powerful and the powerless will undermine or limit this potential.


Trials and Tribulations of International Prosecution Related Books

Trials and Tribulations of International Prosecution
Language: en
Pages: 361
Authors: Henry F. Carey
Categories: Law
Type: BOOK - Published: 2013-02-14 - Publisher: Lexington Books

GET EBOOK

There have been many political dilemmas that impose structural constraints on the effort to legalize, judicialize, and criminalize normatively deviant behavior
The United States and the International Criminal Court
Language: en
Pages: 286
Authors: Sarah B. Sewall
Categories: Law
Type: BOOK - Published: 2000 - Publisher: Rowman & Littlefield

GET EBOOK

American reluctance to join the International Criminal Court illuminates important trends in international security and a central dilemma facing U.S. Foreign po
The Congo Trials in the International Criminal Court
Language: en
Pages: 495
Authors: Richard Gaskins
Categories: Law
Type: BOOK - Published: 2022-05-26 - Publisher: Cambridge University Press

GET EBOOK

This is the first in-depth study of the first three ICC trials: an engaging, accessible text meant for specialists and students, for legal advocates and a wide
Justice in Conflict
Language: en
Pages: 273
Authors: Mark Kersten
Categories: Law
Type: BOOK - Published: 2016-08-04 - Publisher: Oxford University Press

GET EBOOK

What happens when the international community simultaneously pursues peace and justice in response to ongoing conflicts? What are the effects of interventions b
The Investigator
Language: en
Pages: 382
Authors: Vladimír Dzuro
Categories: History
Type: BOOK - Published: 2019-11-01 - Publisher: U of Nebraska Press

GET EBOOK

The war that broke out in the former Yugoslavia at the end of the twentieth century unleashed unspeakable acts of violence committed against defenseless civilia