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An English School analysis of American policy towards the International Criminal Court |
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Abstract:
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The International Criminal Court is under researched by IR academics. Given the wealth of material in the debates that surround the Court this is unlikely to remain so for long. This aim of this paper is to start addressing that gap by using another 'underexploited resource' (Buzan, 2001), the 'English School' approach to IR. It is suggested here that its tripartite distinction of 'international system', 'international society' and 'world society' can provide a useful framework for interpreting the significance of the ICC. It is further suggested that the debates surrounding the Court, and international criminal law more generally, can sharpen the focus of these English School categories and inform the discussion on the relationship between international and world society. Specifically, it identifies the former in the Grotian solidarist principles of aut dedere, aut judicare [either extradite or prosecute], and the latter in the ICC's Independent Prosecutor, which can by-pass the society of states in its pursuit of justice. The concessions made to international order and state sovereignty by the Court illustrates the complex and uneasy relationship between international and world society. By focusing on American opposition to the Court, moreover, the paper illustrates how Grotian solidarist principles are being used to counter the revolutionary impact of the Rome Statute. |
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state (189), intern (172), societi (160), world (98), court (91), rome (73), statut (67), secur (50), crimin (42), crime (41), polit (41), prosecutor (40), right (40), law (40), howev (40), jurisdict (37), council (35), icc (34), human (33), univers (32), nation (31), |
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Association:
Name: International Studies Association URL: http://www.isanet.org
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Citation:
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MLA Citation:
| Ralph, Jason. "An English School analysis of American policy towards the International Criminal Court" Paper presented at the annual meeting of the International Studies Association, Le Centre Sheraton Hotel, Montreal, Quebec, Canada, Mar 17, 2004 <Not Available>. 2009-05-26 <http://www.allacademic.com/meta/p72400_index.html> |
APA Citation:
| Ralph, J. , 2004-03-17 "An English School analysis of American policy towards the International Criminal Court" Paper presented at the annual meeting of the International Studies Association, Le Centre Sheraton Hotel, Montreal, Quebec, Canada Online <.PDF>. 2009-05-26 from http://www.allacademic.com/meta/p72400_index.html |
Publication Type: Conference Paper/Unpublished Manuscript Review Method: Peer Reviewed Abstract: The International Criminal Court is under researched by IR academics. Given the wealth of material in the debates that surround the Court this is unlikely to remain so for long. This aim of this paper is to start addressing that gap by using another 'underexploited resource' (Buzan, 2001), the 'English School' approach to IR. It is suggested here that its tripartite distinction of 'international system', 'international society' and 'world society' can provide a useful framework for interpreting the significance of the ICC. It is further suggested that the debates surrounding the Court, and international criminal law more generally, can sharpen the focus of these English School categories and inform the discussion on the relationship between international and world society. Specifically, it identifies the former in the Grotian solidarist principles of aut dedere, aut judicare [either extradite or prosecute], and the latter in the ICC's Independent Prosecutor, which can by-pass the society of states in its pursuit of justice. The concessions made to international order and state sovereignty by the Court illustrates the complex and uneasy relationship between international and world society. By focusing on American opposition to the Court, moreover, the paper illustrates how Grotian solidarist principles are being used to counter the revolutionary impact of the Rome Statute. |
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| Document Type: |
.PDF |
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23 |
| Word count: |
11231 |
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| The Rome Statute and the legal constitution of world society Jason Ralph School of Politics and International Studies (POLIS) University of Leeds Woodhouse Lane Leeds LS2 9JT UK Tel: 44 (0)113 343 4439 j.g.ralph@leeds.ac.uk First draft. Please do not cite without author’s permission Introduction The tripartite division of international system international society and world society provides a useful framework to interpret global politics. Yet the English School has only been able to offer tentative definitions of world society. Indeed |
| the ratification campaign of the CICC does widen the boundaries of world society. Until state ratification of the Rome Statute is universal however postmodern conceptions of world order will as Cooper points out sit uncomfortably alongside modernist conceptions. The ‘morbid symptoms’ of this particular interregnum are detailed further in the next chapter. 71 Need a note on Article 124 – the right of a state party to opt out of war crimes charges for seven years but implicitly exposing |
Similar Titles:
The Deadbeat Dad: Global Human Rights, American Exceptionalism, and the Rome Statute for the International Criminal Court
U.S. Policies toward the International Criminal Court and the Enforcement of Norms Prohibiting War Crimes and Crimes Against Humanity: Power, Ideology, and Human Rights
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