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Governance, Order, and the International Criminal Court

Governance, Order, and the International Criminal Court Between Realpolitik and a Cosmopolitan Court

Author: Stephen C. Roach
Publisher: Oxford University Press
ISBN: 9780199546732
Published In: May 2009
Format: Hardback
Jurisdiction: International ? Disclaimer:
Countri(es) stated herein are used as reference only

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cutting-edge, innovative approach
interweaves four International Relations theoretical perspectives

Since entering into force in July 2002, the International Criminal Court (ICC) has emerged as one of the most intriguing models of global governance. This innovative edited volume investigates the challenges facing the ICC, including the dynamics of politicized justice, US opposition, an evolving and flexible institutional design, the juridification of political evil, negative and positive global responsibility, the apparent conflict between peace and justice, and the cosmopolitanization of law. It argues that realpolitik has tested the ICC's capacity in a mostly positive manner and that the ambivalence between realpolitik and justice constitutes a novel predicament for extending global governance. The arguments of each essay are framed by a timely and original approach designed to assess the nuanced relationship between realpolitik and global justice. The approach - which interweaves four International Relations approaches, rationalism, constructivism, communicative action theory, and moral cosmopolitanism - is guided by the metaphor of the switch levers of train tracks, in which the Prosecutor and Judges serve as the pivotal agents switching the (crisscrossing) tracks of realpolitik and cosmopolitanism. With this visual aid, this volume of essays shows just how the ICC has become one of the most fascinating points of intersection between law, politics, and ethics.

Readership: Scholars and students of international relations and international law.

Steven C. Roach: Introduction: Global Governance in Context
Part I. Realpolitik and Rationalism
1: Charles A. Smith and Heather M. Smith: Embedded Realpolitik? Re-evaluating United States' Opposition to the International Criminal Court
2: Eric K. Leonard and Steven C. Roach: From Realism to Legalization: A Rationalist Assessment of the International Criminal Court and its Role in the Democratic Republic of Congo
Part II: Constructivism, Legitimacy, and Collective Accountability
3: Caroline Fehl: Explaining the International Criminal Court: A Practice Test for Rationalist and Constructivist Approaches
4: Michael J. Struett: The Politics of Discursive Legitimacy: Understanding the Implications of Prosecutorial Discretion at the ICC
5: Jason G. Ralph: Anarchy is What Criminal Lawyers and other Actors Make of it: International Criminal Justice as an Institution of International and World society
Part III: Cosmopolitanism and Global Order
6: Patrick Hayden: Political Evil, Cosmopolitan Realism, and the Normative Ambivalence of the International Criminal Court
7: Antonio Franceschet: Four Cosmopolitan Projects: the International Criminal Court in Context
8: Amy E. Eckert: The Cosmopolitan Test: Universal Morality and the Challenge of the Darfur Genocide
9: Steven C. Roach: Justice of the Peace? Future Challenges and Prospects for a Cosmopolitan Court

Editor Steven C. Roach, Assistant Professor, University of South Florida

Contributors:

Amy E. Eckert is an assistant professor in the Department of Political Science at the Metropolitan State College of Denver.
Caroline Fehl is currently a D.Phil Candidate in International Relations at the University of Oxford, Nuffield College, and a fellow of the Volkswagen Stiftung European Foreign and Security Policy Studies Programme.
Antonio Franceschet is an Associate Professor in Political Science at the University of Calgary, Canada.
Patrick Hayden is Senior Lecturer in International Relations at the University of St Andrews, UK.
Eric K. Leonard is the Henkel Family Endowed Chair in International Affairs and Director of General Education at Shenandoah University in Winchester, VA.
Jason Ralph is Senior Lecturer at the School of Politics and International Studies (POLIS), University of Leeds.
Steven C. Roach is Assistant Professor in the Department of Government and International Affairs at the University of South Florida.
Charles A. Smith received his Ph.D from the University of California-San Diego and his JD from the University of Florida.
Heather M. Smith is Assistant Professor of International Affairs at Lewis and Clark College.
Michael J. Struett is Assistant Professor of political science in the School of Public and International Affairs at North Carolina State University.