Trials and Tribulations of International Prosecution (2015, Paperback) ebook FB2, EPUB
9781498515115 English 1498515118 Many political dilemmas impose structural constraints on international efforts to legalize, judicialize, and criminalize the most horrific of crimes through the international criminal tribunals established over the past two decades at an annual cost of approximately $400 million, of which $140 million alone has been for the International Criminal Court (ICC), totaling $1 billion in its first decade of existence. Trials and Tribulations analyzes the uneven track record of these international criminal courts with jurisdiction to try leading officials and military officers. States inside and out of these courts' jurisdiction have both strengthened and undermined these courts, while preventing arrests of their own leaders. Yet, in expanding the scope of international criminal law and by punishing a significant number of high-profile cases, the tribunals confirm the aspirations and nascent norms of international society for justice. Their effect on deterrence and international peace and stability has been more problematic. This book analyzes how these courts are redefining and influencing what norms states must respect to preserve their reputations by mobilizing information networks from journalists, NGOs, IGOs, and states to document and publicize violations of international criminal law. However, the patchwork of selective prosecution, compliance, and norm development is fraught with double standards, hypocrisy, selective enforcement, and neo-imperial delegitimation of the subaltern. Still, tribunals have raised the profile of humanitarianism by punishing some of the most notorious atrocities. The question remains whether these procedural irregularities and the ongoing impunity of both the powerful and the powerless will undermine or limit this potential. Book jacket., 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."
9781498515115 English 1498515118 Many political dilemmas impose structural constraints on international efforts to legalize, judicialize, and criminalize the most horrific of crimes through the international criminal tribunals established over the past two decades at an annual cost of approximately $400 million, of which $140 million alone has been for the International Criminal Court (ICC), totaling $1 billion in its first decade of existence. Trials and Tribulations analyzes the uneven track record of these international criminal courts with jurisdiction to try leading officials and military officers. States inside and out of these courts' jurisdiction have both strengthened and undermined these courts, while preventing arrests of their own leaders. Yet, in expanding the scope of international criminal law and by punishing a significant number of high-profile cases, the tribunals confirm the aspirations and nascent norms of international society for justice. Their effect on deterrence and international peace and stability has been more problematic. This book analyzes how these courts are redefining and influencing what norms states must respect to preserve their reputations by mobilizing information networks from journalists, NGOs, IGOs, and states to document and publicize violations of international criminal law. However, the patchwork of selective prosecution, compliance, and norm development is fraught with double standards, hypocrisy, selective enforcement, and neo-imperial delegitimation of the subaltern. Still, tribunals have raised the profile of humanitarianism by punishing some of the most notorious atrocities. The question remains whether these procedural irregularities and the ongoing impunity of both the powerful and the powerless will undermine or limit this potential. Book jacket., 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."