The International Criminal Court (ICC) plays a particularly delicate role in situations of ongoing armed conflicts, both from a legal and a political perspective. While the primary objective of the ICC Statute is to end impunity, States Parties and the UN Security Council were mainly driven by political considerations when they triggered ICC jurisdiction over the situations in northern Uganda and Darfur. In this book, the author discusses strategies within the legal framework governing the Court to counter such politicization. He concludes that although the ICC can have beneficial effects on ongoing armed conflicts, its primary raison d’être should not be to influence politics but to continue to fight impunity in the long run.
International Criminal Justice in bello?
Edited by Dan Saxon
"This book, edited by Dan Saxon, formerly of Cambridge University, is an important contribution to the literature on the relationship between law, war, and technology" (From the Foreword by Professor Michael N. Schmitt).
Based on the study of the Old Bridge of Mostar, this book concerns the adequacy of the international humanitarian law regime relating to the targeting and destruction of immovable cultural property in armed conflict at both normative and enforcement level.
Challenging the dominant rhetoric of international rule of law operations, this work reasserts the centrality of the community in building its own relationship with law, counselling military interveners to refocus exclusively on restoring security using their extraordinary powers under ...
This volume continues the work of the Preparatory Commission of the International Criminal Court by developing ‘elements’ for ordering, instigating and aiding and abetting the commission of international crimes under Article 25(3)(b) and (c) of the Rome Statute.
Edited by Mary Ellen O'Connell
The meaning of armed conflict is reported on by prominent international law scholars from four continents together with perspectives by military historians, soldiers, just war scholars, political scientists, peace studies scholars, and war correspondents, offering a unique interdisciplinary ...
Grant Dawson and Sonia Farber
This book analyses the anthropological, historical, and legal contours of the crime of forcible displacement and proposes specific measures that the international community can adopt in order to prevent and/or punish the perpetration of the crime in the future.
Sexual violence is a particular brand of evil that women have endured—more than men—during armed conflicts, through the ages. It is a menace that has continued to challenge the conscience of humanity—especially in our times. At the international level, basic laws aimed at preventing it are not ...
Arist von Hehn
This study provides guidance on how to best approach the management of an internally-led peace implementation process after violent intrastate conflict, gives an overview of tasks to be taken on, explains the legal framework provided for under international law, and addresses management ...
Relying on often unique sources, this book offers the only in-depth study on flechette weapons yet conducted. Its comprehensive exploration of the legal versus illegal implications of conventional weapons use make it an invaluable resource for weaponry policy analysts.
Edited by Marco Odello and Ryszard Piotrowicz
By considering different international legal sources, including humanitarian law, human rights and criminal law, this book seeks to identify the rules applicable to International Military Missions engaged in different actions in the context of peace operations.
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