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The Creation Of The International Criminal Court And State Sovereignty: The "Problem Of An International Criminal Law" Re-Examined

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Chapter Summary

This chapter firstly contrasts two extreme "historical types of international law" to show how the fortunes of international criminal justice are indistinguishable from global legal order within which it operates. Secondly, an increasing awareness of the need to limit the excesses of sovereignty in 20th century is shown to have prompted the emergence of an international community of states dedicated to the promotion of common societal values. Thirdly, something more than the "success" of ad hoc tribunals is presented as necessary to make "paradigmatic leap" to permanence, which implies forfeiting some crucial elements of the state system. Finally, it argues that the adoption of the ICC Statute, as such, does not constitute a fundamental reappraisal of sovereignty as an ordering principle in the global sphere, but that it does signal a return to a more benign conception of sovereignty that is to be ultimately constrained by the exigencies of humanity.

Keywords: ad hoc tribunals; global legal order; humanity; ICC statute; International Criminal Court (ICC); international criminal law; state sovereignty

10.1163/ej.9781571052674.i-1142.224
/content/books/10.1163/ej.9781571052674.i-1142.224
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