Politicizing the International Criminal Court
The Convergence of Politics, Ethics, and Law
By (author) Steven C. Roach
Publication date:
24 August 2006Length of book:
240 pagesPublisher
Rowman & Littlefield PublishersDimensions:
236x161mm6x9"
ISBN-13: 9780742541030
The establishment of the International Criminal Court (ICC) in July 1998 has attracted growing interest in the evolving role of politics in international law. Steven C. Roach's innovative and systematic work on the political and ethical dimensions of the ICC is the first comprehensive attempt to situate the politics of the ICC both theoretically and practically. Linking the ICC's internal politicization with its formative development, Roach provides a unique understanding of this institution's capacity to play a constructive role in global politics. He argues that an internal form of politicization will allow the ICC to counter outside efforts to politicize it, whether this involves the political agenda of a state hegemon or the geopolitical interests of U. N. Security Council permanent members. Steering a new path between conventional approaches that stress the formal link between legitimacy and legal neutrality, and unconventional approaches that treat legitimacy and politics as inextricable elements of a repressive international legal order, Roach formulates the concept of political legalism, which calls for a self-directed and engaged application of the legal rules and principles of the ICC Statute. Politicizing the International Criminal Court is a must-read for scholars, students, and policymakers interested in the dynamics of this important international institution.
At last social theorists and scientists are taking the International Criminal Court seriously! To those who believe that the ICC can exist distinctly from politics, Steven Roach's insightful and provocative exploration of the Court's relationship to the political will be a wake-up call. That wake-up call, however, has little to do with the pessimism of realpolitik that so dominates the field; it is, instead, an appeal to invest the Court with the right sort of politics—a 'political legalism.'