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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.
Modern corporations are key participants in the new globalized
economy. As such, they have been accorded tremendous latitude and
granted extensive rights. However, accompanying obligations have
not been similarly forthcoming. Chief among them is the obligation
not to commit atrocities or human rights abuses in the pursuit of
profit. Multinational corporations are increasingly complicit in
genocides that occur in the developing world. While they benefit
enormously from the crime, they are immune from prosecution at the
international level. Prosecuting Corporations for Genocide proposes
new legal pathways to ensure such companies are held criminally
liable for their conduct by creating a framework for international
criminal jurisdiction. If a state or a person commits genocide,
they are punished, and international law demands such.
Nevertheless, corporate actors have successfully avoided this
through an array of legal arguments which Professor Kelly
challenges. He demonstrates how international criminal jurisdiction
should be extended over corporations for complicity in genocide and
makes the case that it should be done promptly.
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