Means to an End

Author: Lee Feinstein
Publisher: Brookings Institution Press
ISBN: 0815721714
Format: PDF, ePub
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The International Criminal Court remains a sensitive issue in U.S. foreign policy circles. It was agreed to at the tail end of the Clinton administration, but with serious reservations. In 2002 the Bush administration ceremoniously reversed course and "unsigned" the Rome Statute that had established the Court. But recent developments in Washington and elsewhere indicate that the United States may be moving toward de facto acceptance of the Court and active cooperation in its mission. In Means to an End, Lee Feinstein and Tod Lindberg reassess the relationship of the United States and the ICC, as well as American policy toward international justice more broadly. Praise for the hardcover edition of Means to an End "Books of this sort are all too rare. Two experienced policy intellectuals, one liberal, one conservative, have come together to find common ground on a controversial foreign policy issue.... The book is short, but it goes a long way toward clearing the ideological air." — Foreign Affairs "A well-researched and timely contribution to the debate over America's proper relationship to the International Criminal Court. Rigorous in its arguments and humane in its conclusions, the volume is an indispensable guide for scholars and policymakers alike." —Madeleine K. Albright, former U.S. Secretary of State "Two of our nation's leading authorities on preventing atrocities have joined to make a convincing argument that closer cooperation with the International Criminal Court will help promote human rights and the values on which America was founded." —Angelina Jolie, co-chair, Jolie-Pitt Foundation

Rules Politics and the International Criminal Court

Author: Yvonne Dutton
Publisher: Routledge
ISBN: 1134124392
Format: PDF, Kindle
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In this new work, Dutton examines the ICC and whether and how its enforcement mechanism influences state membership and the court’s ability to realize treaty goals, examining questions such as: Why did states decide to create the ICC and design the institution with this uniquely strong enforcement mechanism? Will the ICC’s enforcement mechanism be sufficient to hold states accountable to their commitment so that the ICC can realize its goal of ending impunity for genocide, crimes against humanity, and war crimes? Will states view the ICC’s enforcement mechanism as a credible threat and refuse to join unless they already have good domestic human rights practices and institutions that are independent and capable of prosecuting human rights abuses? If states that most need to improve their domestic legal practices as relates to protecting against human rights abuses do not join the court, is there any hope that the threat of punishment by the ICC can play a role in bettering state’s human rights practices and deterring individuals from committing mass atrocities? This work provides a significant contribution to the field, and will be of great interest to students and scholars of international law, international relations, international organizations and human rights.

The United States and the International Criminal Court

Author: Sarah B. Sewall
Publisher: Rowman & Littlefield
ISBN: 9780742501355
Format: PDF, ePub, Mobi
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A growing international consensus supports the idea of holding individuals responsible for the most egregious violations of human rights such as genocide. This consensus lies behind the recent efforts to create an International Criminal Court (ICe. The United States, however, has refused to support the ICC, citing concerns that the Court may pose a threat to national security. This volume brings legal, historical, military, and political perspectives to an examination of U.S. concerns about the ICC. The contributors assess not only the potential national security risks that would be associated with a functioning ICC, but also the potential costs to U.S. security that may result from opposing the Court's creation.

Breaking the Real Axis of Evil

Author: Mark Palmer
Publisher: Rowman & Littlefield
ISBN: 9780742532557
Format: PDF, ePub, Docs
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With the removal of not only Saddam Hussein but also Jean-Betrand Aristide, as well as the ongoing civil war against Charles Taylor in Liberia, much has changed in the world of dictators since the first publication of this work less than a year ago. Drawing on his 25 years of extensive diplomatic experience, Ambassador Palmer asks us to embrace a bold vision of a world made safe by democracy. This is the story of the remaining dictators, the strategy and tactics to oust them, and the need to empower the people of every nation to control their own destinies.

The National Interest on International Law and Order

Author: R. James Woolsey
Publisher: Transaction Publishers
ISBN: 9781412837910
Format: PDF, Docs
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This work covers 24 articles on international law and the nature of the global order, which were originally published in 'The National Interest', a journal of international affairs. It covers the role that international law should play in the formulationof policy.

Crime and Technology

Author: Ernesto U. Savona
Publisher: Springer Science & Business Media
ISBN: 1402029241
Format: PDF, Kindle
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Guido Rossi As Chairman of ISPAC, I want to thank all the contributors to this book that originates from the International Conference on Crime and Technology. This could be the end of my presentation if I did not feel uneasy not considering one of the problems I believe to be pivotal in the relationship between crime and technology. I shall also consider that the same relationship exists between terror and globalization, while globalization is stemming from technology and terror from crime. Transnational terrorism is today made possible by the vast array of communication tools. But the paradox is that if globalization facilitates terrorist violence, the fight against this war without borders is potentially disastrous for both economic development and globalization. Antiterrorist measures restrict mobility and financial flows, while new terrorist attacks could lead the way for an antiglobalist reaction. But the global society has yet to agree on a common definition of terrorism or on a common policy against it. The ordinary traditional criminal law is still depending on the sovereignty of national states, while international criminal justice is only a spotty and contested last resort. The fragmented and weak international institutions and underdeveloped civil societies have no power to enforce criminal justice against t- rorism. At the same time, the states that are its targets have no interest in applying the laws of war (the Geneva Conventions) to their fight against terrorists.

Interlocking Constitutions

Author: Luis I Gordillo
Publisher: Bloomsbury Publishing
ISBN: 1847319343
Format: PDF, Docs
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The existence of interactions between different but overlapping legal systems has always presented challenges to black letter law. This is particularly true of the relationship between international law and domestic law and the relationship between federal law and the laws of individual federation members. Moreover some organisations have created their own supranational constitutional systems: the United Nations Charter is the best known, and is often referred to as the 'World Constitution', but the European Court of Justice in Luxembourg views the European Treaties as a 'Constitutional Charter' for Europe, while the European Court of Human Rights has defined the European Convention on Human Rights as a constitutional instrument of 'European public order'. It is in the dynamic relationship between domestic constitutional laws, EU law, the ECHR and the UN Charter that the most persistent difficulties arise. In this context 'interordinal instability' not only provokes strong academic interest, but also affects what has been called 'governance' or 'global government' and undermines both legal certainty and individual fundamental rights. Different solutions - constitutionalist and pluralist - have been explored, but none of them has received global acceptance. In this book Luis Gordillo analyses the interordinal instabilities which arise at the European level, focusing on three main strands of case law and their implications: Solange, Bosphorus and Kadi. To solve the difficulties caused by this instability Gordillo proposes a form of soft constitutionalism, which he calls 'interordinal constitutionalism', as a means to bring order and stability to global legal governance. The original Spanish thesis on which this book is based was awarded the Nicolás Pérez Serrano Prize by the Centro de Estudios Políticos y Constitucionales, for the best dissertation in constitutional law 2009-2010.