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Books > Law > International law > Public international law > Treaties & other sources of international law
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International Justice and the International Criminal Court - Between Sovereignty and the Rule of Law (Paperback, New)
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International Justice and the International Criminal Court - Between Sovereignty and the Rule of Law (Paperback, New)
Series: Oxford Monographs in International Law
Expected to ship within 10 - 15 working days
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Since the Nuremberg Trials of top Nazi leaders following the Second
World War, international law has affirmed that no-one, whatever
their rank or office, is above accountability for their crimes. Yet
the Cold War put geopolitical agendas ahead of effective action
against war crimes and major human rights abuses, and no permanent
system to address impunity was put in place. It was only with the
Cold War's end that governments turned again to international
institutions to address impunity, first by establishing
International Criminal Tribunals to prosecute genocide, war crimes,
and crimes against humanity in the former Yugoslavia and Rwanda,
and then by adopting the Rome Statute of the International Criminal
Court in 1998. Domestic courts also assumed a role, notably through
extradition proceedings against former Chilean President Augusto
Pinochet in London, then in Belgium, Senegal, and elsewhere. At the
same time, as some have announced a new era in the international
community's response to atrocities, fundamental tensions persist
between the immediate State interests and the demands of justice.
This book is about those tensions. It reviews the rapid recent
development of international criminal law, and explores solutions
to key problems of official immunities, universal jurisdiction, the
International Criminal Court, and the stance of the United States,
seeking to clarify how justice can best be done in a system of
sovereign States. Whilst neither the end of the Cold War nor the
'decline of sovereignty' in themselves make consistent justice more
likely, the ICC may encourage a culture of accountability that will
support more regular enforcement of international criminal law in
the long term.
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