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Chapter 3. 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 is divided into four parts. The first part contrasts two extreme "historical types of international law" to show how the fortunes of international criminal justice are indistinguishable from the global legal order within which it operates. In the second part, an increasing awareness of the need to limit the excesses of sovereignty in the 20th century is shown to have prompted the emergence of an international community of states dedicated to the promotion of common societal values. In the third part, something more than the "success" of ad hoc tribunals is presented as necessary to make the "paradigmatic leap" to permanence, which implies forfeiting some crucial elements of the state system. Finally, the chapter argues that the adoption of the International Criminal Law (ICC) Statute, as such, does signal a return to a benign conception of sovereignty that is to be ultimately constrained by the exigencies of humanity.

Keywords: ad hoc tribunals; International Criminal Court (ICC); international law; state sovereignty



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