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Governing Through Globalised Crime - Futures for International Criminal Justice (Hardcover, New)
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Governing Through Globalised Crime - Futures for International Criminal Justice (Hardcover, New)
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Governing through Globalised Crime provides an analysis of the
impact of globalisation of crime on the governance capacity of the
international criminal justice system. It explores how the
perceived increased risk in global security has resulted in a
reformulation of the relationship between crime and governance. The
book seeks to argue that values of freedom, equality, communitarian
harmony and personal integrity which the prosecution of crimes
against humanity are said to advance, need not be sacrificed in a
new world order obsessed with partial security and secularized
risk. This book aims to address a way forward for the governance
capacity of international criminal justice, arguing that
international criminal justice provides a central tool for global
governance. In exploring the dependency of global governance on
crime and control, projections can be made about the changing face
of international criminal justice. Fundamental transformation is
required to hold unjust global dominion to account. The book's
policy perspective challenges international criminal justice to
return to the more critical position justice has exercised in the
separation of powers constitutional legality. For liberal
democratic theory at least, judicial authority and its institutions
have ensured constitutional legality by requiring the legislature
and the executive to operate accountably against a higher normative
order. This is not a predominant function of judges and courts in
the international context despite their statutory invocation to
this task . Case-studies of global crime and control reveal
contexts in which the co-opted governance of institutional ICJ in
particular, has a politicized motivation which too often advances
the authority and interests of one world order against the
sometimes legitimate resistance of criminalized communities. When
the analysis moves to the consideration of victim community
interests, and from there to the appropriate global constituencies
of ICJ, the nature and limitations of ICJ supporting governance in
the risk/security model, becomes apparent.
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