War and Justice in the 21st Century: A Case Study on the International Criminal Court and its Interaction with the War on Terror

Criminal Law

War and Justice in the 21st Century: A Case Study on the International Criminal Court and its Interaction with the War on Terror

By Luis Moreno Ocampo
Oxford University Press January 2023

Specifications

ISBN-13
9780197628973
Publisher
Oxford University Press
Publication
January 2023
Format
Hardback
Jurisdiction
U.K. ? Countri(es) for reference only

Details

This is the inside story of the International Criminal Court, perhaps the most innovative international institution, from the unique perspective of its first Chief Prosecutor, Luis Moreno Ocampo.

  • Provides a view of the International Criminal Court (ICC) from the perspective of its founding Chief Prosecutor
  • Argues that the War on Terror expanded support for international terrorism, rather than deterred it
  • Examines the legal systems managing international violence at the beginning of the 21st Century and their interactions
  • Demonstrates that the design of the ICC and the lack of harmonization among legal systems hampers the ability to produce justice
  • Explores the limits and possibilities of protecting victims at an international level
  • Describes an unprecedented legal practice, jus ad curiam, that is previously unexplored in legal and IR scholarship
  • Crosses academic disciplines and geographic areas to cover the range of ICC practice

Table of Contents

Preface
Introduction
Background
Chapter 1: The Appointment and the First Days
Chapter 2: The Rome Statute Creating a New Legal Field: Jus ad Curiam
Chapter 3: The New Jus ad Bellum: The War on Terror
Chapter 4: Building the Office of the Prosecutor
Chapter 5: The Prosecutor's Authority in the Jus ad Curiam Phase
First Part: Preliminary Examinations in the States Parties' Jurisdiction.
Chapter 6: Selecting DRC as the First Situation to be Investigated
Chapter 7: The Uganda Preliminary Examination
Chapter 8: The Office of the Prosecutor Policy on Interest of Justice
Chapter 9: Peace and Justice: The Juba Talks
Chapter 10: Central African Republic Referral
Chapter 11: The Office of the Prosecutor Using its Proprio Motu Authority in Kenya
Chapter 12: The Preliminary Examinations Decisions Not to Open an Investigation
Chapter 13: Ongoing Preliminary Examinations
Chapter 14: Jus ad Curiam decisions in Colombia
Second Part: Jus ad Curiam and Jus ad Bellum Decisions Adopted by the UN Security Council, the US and Cote d'Ivoire
Chapter 15: Jus ad Curiam and Jus ad Bellum in the Iraq Situation
Chapter 16: The UN Security Council Resolution Referring the Darfur Situation to the ICC
Chapter 17: President Obama's Jus ad Bellum and Jus in Bello Decisions
Chapter 18: The ICC Investigation in Afghanistan
Chapter 19: The Libya Jus ad Curiam Decision
Chapter 20: War and Justice in the Gaddafi Case
Chapter 21: Jus ad Curiam and Jus ad Bellum decisions in Cote d'Ivoire
Chapter 22: Jus ad Curiam and Jus ad Bellum decisions in Syria; Epilogue and Final Observations
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