The establishment of the International Criminal Court was a singular
achievement, even a revolutionary one. The Court has no territorial
limits on the conflicts it chooses to address or how long it takes to
do so. And uniquely within the realm of international criminal
justice, the ICC Prosecutor can initiate investigations independently
of any state’s wishes. Why would sovereign states agree to such
sweeping powers? To answer that question, The Independence of the
Prosecutor dives deeply into the origins of the international body.
Laszlo Sarkany draws on interviews with key participants to analyze
the negotiations that produced the novel institutional design of the
Court. Case studies of Canada and the United Kingdom, which supported
prosecutorial independence, and the United States and Japan, which
opposed it, demonstrate that state positions depended on the values
and principles of those who wielded the most power in national
capitals at the time. Appendices to the book build an empirical record
of the arguments made by state delegations. The ICC offers a bulwark
against the high politicization of our era. This astute investigation
demonstrates that now, over twenty years after its establishment, the
ICC’s innovative arrangement of having an independent prosecutor
continues to move law and international criminal jurisprudence forward
and directly combats impunity for mass atrocities.
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Controversy in the Creation of the International Criminal Court
Produktdetaljer
ISBN
9780774869980
Publisert
2024
Utgiver
University of British Columbia Press
Språk
Product language
Engelsk
Format
Product format
Digital bok
Forfatter