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Bruce Broomhall
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International Justice and the International Criminal Court: Between Sovereignty and the Rule of Law (Oxford Monographs in International Law) 1st Edition

by Bruce Broomhall (Author)
5.0 5.0 out of 5 stars 2 ratings
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Since the Nuremberg Trials of top Nazi leaders following the Second World War, international law has affirmed that no-one, whatever their rank or office, is above accountability for their crimes. Yet the Cold War put geopolitical agendas ahead of effective action against war crimes and major human rights abuses, and no permanent system to address impunity was put in place. It was only with the Cold War's end that governments turned again to international institutions to address impunity, first by establishing International Criminal Tribunals to prosecute genocide, war crimes, and crimes against humanity in the former Yugoslavia and Rwanda, and then by adopting the Rome Statute of the International Criminal Court in 1998. Domestic courts also assumed a role, notably through extradition proceedings against former Chilean President Augusto Pinochet in London, then in Belgium, Senegal, and elsewhere. At the same time, as some have announced a new era in the international community's response to atrocities, fundamental tensions persist between the immediate State interests and the demands of justice.

This book is about those tensions. It reviews the rapid recent development of international criminal law, and explores solutions to key problems of official immunities, universal jurisdiction, the International Criminal Court, and the stance of the United States, seeking to clarify how justice can best be done in a system of sovereign States. Whilst neither the end of the Cold War nor the 'decline of sovereignty' in themselves make consistent justice more likely, the ICC may encourage a culture of accountability that will support more regular enforcement of international criminal law in the long term.

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  1. ISBN-10
    019927424X
  2. ISBN-13
    978-0199274246
  3. Edition
    1st
  4. Publisher
    Oxford University Press
  5. Publication date
    December 2, 2004
  6. Language
    English
  7. Dimensions
    9.21 x 6.14 x 0.48 inches
  8. Print length
    226 pages
  9. See all details
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Editorial Reviews

Review

"An insightful and convincing icture of how international law is made today and how the rule of law is faring in general in international relations."
--Mary Ellen O'Connell, The Ohio State University

Review(s) from previous edition
"A thoughtful and well-researched work"
--International Criminal Law Review

Book Description

Traces the rapid development of international criminal law and offers solutions to the ensuing problems

Product details

  • Publisher ‏ : ‎ Oxford University Press; 1st edition (December 2, 2004)
  • Language ‏ : ‎ English
  • Paperback ‏ : ‎ 226 pages
  • ISBN-10 ‏ : ‎ 019927424X
  • ISBN-13 ‏ : ‎ 978-0199274246
  • Item Weight ‏ : ‎ 11.6 ounces
  • Dimensions ‏ : ‎ 9.21 x 6.14 x 0.48 inches
  • Customer Reviews:
    5.0 5.0 out of 5 stars 2 ratings

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Bruce Broomhall

Bruce Broomhall

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Customer reviews

5 out of 5 stars
5 out of 5
2 global ratings

Top review from the United States

mhasfaria
5.0 out of 5 stars A Must Read Book on International Criminal Court
Reviewed in the United States on January 14, 2015
Verified Purchase
The book was on must-read list when I wrote my master thesis on International Criminal Court. It was indeed very useful for theoretical framework I developed for my thesis; an argument around the effectiveness of International Criminal Court. . I argue that if we measure effectiveness in terms of the ability to set agenda and to publicize, the ICC accomplishes much. My thesis to shows that, as a key part of the international agenda on human rights compliance, the ICC derives its effectiveness from the various naming and shaming campaigns by national governments and non-governmental actors (NGOs). I draw on the cases of Darfur, Sudan and the Democratic Republic of the Congo to show that the ICC is effectively realizing its purpose: it gives voice to non-state actors like NGOs, regional actors, and international governmental organizations; it regularizes ways for international actors to be part of the process; it provides information to other stakeholders; and it names and shames the perpetrators of human rights violations. Hence, the ICC gives meaning to the cautious optimism that inspires liberal claims. To the scholars out there that are probably working on the same topic, you ought to consider this book as one of very insightful references.
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