The International Criminal Court And Global Social Control

The International Criminal Court was established in 2002 to prosecute war crimes, crimes against humanity, and genocide. At its genesis the ICC was expected to help prevent atrocities from arising or escalating by ending the impunity of leaders and administering punishment for the commission of international crimes. More than a decade later, the ICC’s ability to achieve these broad aims has been questioned, as the ICC has reached only two guilty verdicts. In addition, some of the world’s major powers, including the United States, Russia and China, are not members of the ICC. These issues underscore a gap between the ideals of prevention and deterrence and the reality of the ICC’s functioning. This book explores the gaps, schisms, and contradictions that are increasingly defining the International Criminal Court, moving beyond existing legal, international relations, and political accounts of the ICC to analyse the Court from a criminological standpoint. By exploring the way different actors engage with the ICC and viewing the Court through the framework of late modernity, the book considers how gaps between rhetoric and reality arise in the work of the ICC. Contrary to much existing research, the book examines how such gaps and tensions can be productive as they enable the Court to navigate a complex, international environment driven by geopolitics. The International Criminal Court and Global Social Control will be of interest to academics, researchers, and advanced practitioners in international law, international relations, criminology, and political science. It will also be of use in upper-level undergraduate and postgraduate courses related to international criminal justice and globalization.

This book explores the historical origins of the court and provides and examination of the basic structure and functioning of the court. Rothe and Mullins offer a detailed critique of procedural, conceptual, and practical elements of the ICC through the lens of critical criminological theory and research and identify several problems with the design and proposed implementation of the ICC.

Governing through Globalised Crime provides an analysis of the impact of globalisation of crime on the governance capacity of the international criminal justice system. It explores how the perceived increased risk in global security has resulted in a reformulation of the relationship between crime and governance. The book seeks to argue that values of freedom, equality, communitarian harmony and personal integrity which the prosecution of crimes against humanity are said to advance, need not be sacrificed in a new world order obsessed with partial security and secularized risk. This book aims to address a way forward for the governance capacity of international criminal justice, arguing that international criminal justice provides a central tool for global governance. In exploring the dependency of global governance on crime and control, projections can be made about the changing face of international criminal justice. Fundamental transformation is required to hold unjust global dominion to account. The book's policy perspective challenges international criminal justice to return to the more critical position justice has exercised in the separation of powers constitutional legality. For liberal democratic theory at least, judicial authority and its institutions have ensured constitutional legality by requiring the legislature and the executive to operate accountably against a higher normative order. This is not a predominant function of judges and courts in the international context despite their statutory invocation to this task . Case-studies of global crime and control reveal contexts in which the co-opted governance of institutional ICJ in particular, has a politicized motivation which too often advances the authority and interests of one world order against the sometimes legitimate resistance of criminalized communities. When the analysis moves to the consideration of victim community interests, and from there to the appropriate global constituencies of ICJ, the nature and limitations of ICJ supporting governance in the risk/security model, becomes apparent.

Volume 1 deals with international crimes. It contains several significant contributions on the theoretical and doctrinal aspects of ICL which precede the five chapters addressing some of the major categories of international crimes. The first two chapters address: the sources and subjects of ICL and its substantive contents. The other five chapters address: Chapter 3: The Crime Against Peace and Aggression (The Crime Against Peace and Aggression: From its Origins to the ICC; The Crime of Aggression and the International Criminal Court); Chapter 4: War Crimes, Crimes Against Humanity & Genocide (Introduction to International Humanitarian Law; Penal Aspects of International Humanitarian Law; Non-International Armed Conflict and Guerilla Warfare; Mercenarism and Contracted Military Services; Customary International Law and Weapons Control; Genocide; Crimes Against Humanity; Overlaps, Gaps, and Ambiguities in Contemporary International Humanitarian Law, Genocide, and Crimes Against Humanity); Chapter 5: Crimes Against Fundamental Human Rights (Slavery, Slave-Related Practices, and Trafficking in Persons; Apartheid; International Prohibition of Torture; The Practice of Torture in the United States: September 11, 2001 to Present); Chapter 6: Crimes of Terror-Violence (International Terrorism; Kidnapping and Hostage Taking; Terrorism Financing; Piracy; International Maritime Navigation and Installations on the High Seas; International Civil Aviation); Chapter 7: Crimes Against Social Interest (International Control of Drugs; Challenges in the Development of International Criminal Law: The Negotiations of the United Nations Convention Against Transnational Organized Crime and the United Nations Convention Against Corruption; Transnational Organized Crime; Corruption of Foreign Public Officials; International Criminal Protection of Cultural Property; Criminalization of Environmental Protection).

International criminal justice is in transition. This book explores the growing internationalisation of criminal justice as a phenomenon of global governance. It provides students with a critical understanding of the international institutions for regulating transnational crime, the development of alternative justice processes across the globe, and international and supra-national co-operation criminal justice policies and practices. Key topics covered include: The historical development of International Criminal Justice institutions and traditions International Restorative Justice Victim communities and collaborative justice The relationship between crime and war International Human Rights The ‘War on Terror’ The globalisation of crime and control Developments in global governance, communitarian justice and accountability This text will familiarize students with the literature and debates surrounding international criminal justice and enable them to critically appreciate their theoretical and policy context. In doing so, it encourages students to assess the strengths and weaknesses of different approaches to the study of global justice and the analysis of comparative policy convergence and research. It will also help students to reflect on, and communicate in an informed and critical way theoretical accounts and empirical studies within the field of international criminal justice. This book will be essential reading for upper level undergraduates taking courses in criminal law, international relations and governance and postgraduates engaged in international criminal justice, international law, regulation and governance and human rights.

10 Human Rights and International Crime Control -- The Idea of Human Rights -- Human Rights Violations -- International Law and State Sovereignty -- Transnational and International Crime Control -- International Law Enforcement Organizations -- Interpol -- Europol -- U.N. Office of Drugs and Crime -- World Customs Organization -- Jurisdiction -- Martial Law and Military Intervention -- 11 Privatization and Global Justice -- Privatization of Police -- Privatization of the Courts -- Privatization of Corrections -- Private Prisons -- Private Probation -- Private Immigration Detention -- Privatization Concerns in the Global Arena -- 12 The Future of Global Crime -- Globalization and the Future of Crime -- Violent Crime Then and Now -- Culture and Crime -- Balancing Privacy and Security -- Future Questions -- Index

A new examination of the International Criminal Court (ICC) from a political science and international relations perspective. It describes the main features of the court and discusses the political negotiations and the on-going clashes between those states who oppose the court, particularly the United States, and those who defend it. It also makes these issues accessible to non-lawyers and presents effective advocacy strategies for non-governmental organizations. It also delivers essential background to the place of the US in international relations and makes a major contribution to thinking about the ICC’s future. While global civil society does not deliver global democracy, it does contribute to more transparent, more deliberative and more ethical international decision-making which is ultimately preferable to a world of isolated sovereign states with no accountability outside their borders, or exclusive and secretive state-to-state diplomacy. This book will be of great interest to students and scholars of international relations, international law, globalization and global governance.

Providing you with a wide-ranging introduction to key international issues in crime and its control, this book covers all essential theories, and clearly explains their relevance to the world today. Going beyond just looking at organized crime, the book covers a range of topics including: Human rights Terrorism Trafficking Cybercrime Environmental crime International Law Plenty of case studies and examples are included throughout, including the Bali 9, Rana Plaza and the shooting of Charles De Menezes , and tips on further reading make it easy to know where to go to engage with more debates in the field. Making sure you’re up to date with current issues, this book will be essential reading for students in Criminology and Criminal Justice, as well as those in Law and International Relations.