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Two Cheers For The International Criminal Court

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Chapter Summary

This chapter focuses essentially on the interplay of law and politics in considering the offenses with which the International Criminal Court will be concerned. To do so an initial consideration of the features of criminal legal process that distinguish such a process from other processes, is required. In particular, it considers the differences we may find in the different sorts of criminal trials and the implications of this for the Court. The next consideration is of the relationship between states, the United Nations, and the Court, and, finally, it considers the significance of the position of those states that opposed the creation of the Court. In the first part of the chapter, the author argued the danger of seeing the creation of the Court as a triumph of liberal ideology, yet here is the state in the vanguard of this ideology rejecting the Court after initial support.

Keywords: criminal legal process; criminal trials; international criminal court; law and politics; triumph of liberal ideology; United Nations



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