Building the International Criminal Court / Edition 1

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Overview


About the Author:
Benjamin N. Schiff is professor of politics at Oberlin College

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Editorial Reviews

From the Publisher
“Building the International Criminal Court is a work of great significance and an essential tool for understanding the ICC. Schiff's book is also very timely; exactly ten years after the signing of the Rome Statute, the ICC is now in full operation, but its every move is still formative and carries lasting implications for its future. While the Court stands as a symbol of progress for humanity, it is also the target of criticism from skeptics who argue that the highly politicized institution remains plagued by inefficiency and institutional deficiencies. Schiff’s presentation of the Court and its beginnings allows the reader to evaluate these criticisms against an informed and comprehensive picture of the institution and its functions. From the outset, Schiff himself is explicit about his concerns that the practical limitations and political nature of the Court present potentially insurmountable challenges. But he also demonstrates the importance of the Court’s work and gives many reasons to be optimistic about the Court's potential. Without advocating for a specific viewpoint, Schiff balances optimism and realism in a way that allows the reader to form his or her own conclusions about the potential and the limitations of the ICC.”
Beatrice Lindstrom, New York University Journal of Law and Politics

“Drawing from multiple strands of international relations theory, Benjamin Schiff examines the creation and operation of the International Criminal Court. He takes a hard look at the political past and future of this new international organization. This important book covers extensive ground and is essential reading for a public concerned - as it should be - with the interplay between law, politics, tragedy, and justice. It is only by studying the International Criminal Court that its work can be improved. By illuminating the path forward, Schiff has done us all a tremendous service.”
-Mark A. Drumbl, Washington and Lee University

“An insightful study of an unprecedented international institution. Ben Schiff, in a clear and flowing analysis, blends history, law and political science into a work of lasting significance.”
-M. Cherif Bassiouni, DePaul University

“A superb systematic examination of the International Criminal Court - the ‘streams’ of ideas and actions that shaped it, the challenges of building a new, functioning organization; the handling of the first four situations referred to it; and the ongoing tensions between peace and justice and political and judicial choices it faces. Given its scope, Benjamin Schiff's book is invaluable for both scholars and practitioners; its clear prose also makes it an excellent choice for graduate and upper-level courses in human rights, international law, and international organization.”
-Margaret P. Karns, University of Dayton

“The tensions in the establishment and operations of the ICC are masterfully examined in this comprehensive work by Schiff. Particularly fascinating is the dilemma between justice and peace in the inaugural four African cases on the docket. Grounded in international relations theories, this book is a ‘must read’ for scholars and students of international law and organization and international human rights.”
-Karen Mingst, University of Kentucky

“…a highly readable and perceptive analysis…In his stocktaking, Schiff demonstrates a particular knack of amalgamating all the political and juridical dimensions that challenge this unparalleled institution…To sum up, it can be said that Schiff’s book not only provides its reader with internal insights into the origin, architecture, and policy of the youngest and probably most ambitious global institution: it also develops an implicit vision of its role as a global political player. Despite an enormous density of information, Schiff manages to tell a fascinating story about diplomatic entanglements, power interests, and international co-operation during the emergence of a new global institution.”
Henning Hahn, Department of Philosophy, University of Kassel, Development in Practice

“A richly detailed, insightful, and engrossing account of the establishment and evolution of one of the world’s most important new institutions, this remarkable book is a historical document of major significance. A must read for scholars of international law and diplomacy, and anyone interested in the world-wide struggle against impunity.”
-Michael P. Scharf, Case Western Reserve University

"Tightly woven and highly cogent, [Schiff's] discussion is an impressive dissection of the political tensions that have called into question the ICC's own role in administering justice...[A] seamless and comprehensive analysis of the 'First Situations.'"
Perspectives on Politics, Steven C, Roach, University of South Florida

"[The book] provides one of the best contributions to both the fields of international relations and international law by recognizing and describing the process that has led to the establishment of the ICC as one in which international justice concerns and political interests came into place."
AJS, Rosa Aloisi, University of North Texas

"[A] work of great significance and an essential tool for understanding the ICC."
International Law and Politics, Beatrice Lindstrom

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Product Details

  • ISBN-13: 9780521694728
  • Publisher: Cambridge University Press
  • Publication date: 5/28/2008
  • Edition description: New Edition
  • Edition number: 1
  • Pages: 320
  • Product dimensions: 6.10 (w) x 9.20 (h) x 0.90 (d)

Meet the Author

Benjamin N. Schiff is Professor of Politics at Oberlin College, teaching international relations; international law and organization; Middle East politics; war, weapons, and arms control; and international criminal law. From 2005–6, he was Visiting Professor of Law at Leiden University's Grotius Centre for International Legal Studies. He is author of two previous books on international organizations and co-author of a book on South Africa during its transition to democracy. He was Foreign Affairs Officer, US Arms Control and Disarmament Agency (1978–9) and was educated at the University of California, Berkeley (PhD, 1982; MA, 1975) and Michigan State University (BA, 1973).

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Table of Contents


Preface     ix
Acronyms     xi
Introduction     1
The Court     3
Theoretical Perspective     4
Conundrums     9
River of Justice     14
Law: Divine, Natural, and Positive     15
International Humanitarian and Criminal Law     19
Swelling Streams of Justice     29
End of the Cold War and Resurfacing of Interest in an ICC     37
Explaining the Gathering Tide     39
Learning from the Yugoslavia and Rwanda Tribunals     42
The Tribunals' Mandates     43
Organization and Leadership     45
Tribunal Tribulations     48
Operational and Legal Innovations     58
Constructivism, Realism, Neoliberal Institutionalism     65
The Statute - Justice versus Sovereignty     68
Brief Negotiating History     69
The Preamble: Sovereignty, Perfectibility, and Identity     72
The Crimes     74
Taking Sovereignty Seriously     77
Old and New Justice Paradigms in the Statute     85
Why Do States Join?     89
Conclusions     92
Preamble of the Rome Statute of the International Criminal Court     92
Rome Statute Crimes     93
Building the Court     102
From Statute to Court     104
Cranking Up the Engine     109
Internal Frictions     120
New Justice Innovations     128
Coordination and Planning     134
Conclusions     141
NGOs - Advocates, Assets, Critics, and Goads     144
International Relations Theory and NGOs     145
Growth of NGO Involvement     146
NGOs and the Statute     147
Advocacy, Advice, and Outreach     151
The NGOs and ICC Operations     155
The Evolving NGO-ICC Relationship     160
Conclusions     163
ICC-State Relations     165
The Court's Supporters and Opponent(s)     167
States' Policy Oversight     181
Stateside Complementarity: Cooperating with the Court     189
Conclusions     192
The First Situations     194
Uganda     195
Congo     210
Sudan     226
The Central African Republic     242
Other Possible Situations     244
Conclusions     245
Conclusions: The Politics of the International Criminal Court     248
Mandate     248
Structure     249
Operations     250
NGOs     253
States     254
The Situations     255
Building Justice     257
Web Sites for Further and Ongoing Information     261
Bibliography and Sources     263
Index     293
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