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War and Justice in the 21st Century - A Case Study on the International Criminal Court and its Interaction with the War on Terror (Hardcover)
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War and Justice in the 21st Century - A Case Study on the International Criminal Court and its Interaction with the War on Terror (Hardcover)
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This is the inside story of the International Criminal Court, one
of the most innovative international institutions, from the unique
perspective of its first Chief Prosecutor, Luis Moreno Ocampo.
Moreno Ocampo received the unprecedented mandate to trigger the
International Criminal Court's investigation into sovereign states
in June 2003, just three months after the Iraq invasion. At the
time, there were serious doubts about the ICC's viability. By 2012,
the end of his tenure, the future of the ICC was no longer at risk.
However, as Moreno Ocampo's experiences have shown, what was and
still is up for debate is the Rome Statute's ability to "contribute
to the prevention" of future crimes. The implementation of the Rome
Statute has coincided with the War on Terror. The international
criminal justice system that protects the rights of victims and
suspects clashes with the US policy authorizing the killing abroad
of individuals considered enemy combatants. Legal designs are
literally a matter of life or death. This book examines a
consequential blind spot: The War on Terror obstructed justice and
promoted terrorism. The Iraq intervention produced the 'Islamic
State', and after twenty years of occupation, the Taliban returned
to power. The Afghanistan occupation has ended, but not so the War
on Terror. Using drones and proxy forces to eliminate enemies in
foreign countries has become the "new normal." Arguing that there
is no chaos, just complexity, Moreno Ocampo produces an
interdisciplinary analysis of his decisions, describing a
"fragmented" international legal system's operation and the
relationships between legal and political decisions. This book aims
to help new generations to manage violence with new ways of legal
and political thinking.
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