By Marlies Glasius

A new examination of the overseas legal court docket (ICC) from a political technology and diplomacy point of view.

It describes the most gains of the courtroom and discusses the political negotiations and the on-going clashes among these states who oppose the court docket, relatively the us, and people who shield it. It additionally makes those matters obtainable to non-lawyers and offers potent advocacy techniques for non-governmental companies. It additionally offers crucial history to where of the USA in diplomacy and makes an enormous contribution to brooding about the ICC’s destiny.

While worldwide civil society doesn't convey worldwide democracy, it does give a contribution to extra obvious, extra deliberative and extra moral overseas decision-making that is finally finest to an international of remoted sovereign states with out responsibility open air their borders, or unique and secretive state-to-state diplomacy.

This ebook might be of serious curiosity to scholars and students of diplomacy, overseas legislations, globalization and worldwide governance.

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Extra info for The International Criminal Court: A Global Civil Society Achievement (Routledge Advances in International Relations and Global Politics)

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The first country to sign such an agreement with the United States was Romania. It had ratified the ICC in April 2002, and signed the agreement in August 2002. This has prompted the European Union to adopt a common position, stating that ‘[e]ntering into US agreements – as presently drafted – would be inconsistent with ICC States Parties’ obligations’, but also providing guidelines for more narrowly drafted agreements that would, among other things, ensure national investigation and prosecution of persons requested by the ICC (GAERC, 2002).

The Clinton administration vouched support for the ICC, and, as this book makes clear, its representatives were very actively involved in the negotiations. However, that involvement meant working very hard to create the kind of Court that the United States wanted. As is discussed in Chapter 4, the United States influenced the provisions on the crucial issue of jurisdiction, but yet the final outcome was not acceptable to it: it left a small but essential loophole in a state’s complete sovereignty over its citizens.

Their aim was, however, to go beyond mere punishment, from punitive justice to restorative justice, to help reconcile communities torn by violence, and to inject a spiritual dimension into the ICC project (FaithBased Caucus, 1997). The Faith-Based Caucus particularly concerned itself with the less political, more ethically oriented preamble of the Statute: having found that the brief and prosaic January 1998 draft did ‘not as yet have a clear and inspiring vision’, it submitted its own draft preamble (Faith-Based Caucus, 1998).

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