The International Criminal Court at the mercy of powerful states : an assessment of the neo-colonialism claim made by African stakeholders / Res Schuerch.
Schuerch, Res, author.
2017
KZ7312 .S38 2017
Available Online

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Title The International Criminal Court at the mercy of powerful states : an assessment of the neo-colonialism claim made by African stakeholders / Res Schuerch.
Author Schuerch, Res, author.
ISBN 9789462651920 (electronic book)
9462651922 (electronic book)
9789462651913
Published The Hague, The Netherland : Asser Press, [2017]
Language English
Description 1 online resource.
Call Number KZ7312 .S38 2017
Dewey Decimal Classification 341
Summary This book aims to investigate whether, and if so, how, an institution designed to bring to justice perpetrators of the most heinous crimes can be regarded a tool of oppression in a (neo-)colonial sense. To do so, it re-invents the concept of neo-colonialism, which is traditionally associated more with economic or political implications, from an international criminal law perspective, combining historical, political and legal analyses. Allegations of neo-colonialism in relation to the International Criminal Court (ICC) became widespread after the Court had issued an arrest warrant against the Sudanese President Omar Al-Bashir in 2009. While the Court, since its entry into function in 2002, has been confronted with criticism from various corners, the neo-colonialism controversy was sparked by African stakeholders. Unlike other contributions in this domain, thus, this book provides a Western perspective on an issue more often addressed from an African standpoint, with the intention of distinguishing itself from the more political and emotive and sometimes superficial arguments that exist within critical legal approaches towards the ICC. The subject matter will primarily be of interest to scholars of international criminal law or those operating at the intersection of law and politics/history, nationals of African states and from other parts of the world professionally interested and/or involved in international criminal law and justice and the ICC, and governmental and non-governmental organizations. Secondly, the book will also appeal and speak to critical legal scholars and those interested in historical legal analysis. Res Schuerch is a Swiss lawyer specialized in the field of International Criminal Law and the ICC. He previously worked as a researcher at the University of Amsterdam and as an academic assistant at the University of Zürich. >&
.-- Provided by publisher.
Note Based on the author's Ph.D. thesis.
Bibliography, etc. Note Includes bibliographical references and index.
Access Note Access limited to authorized users.
Source of Description Description based on print version record.
Series International criminal justice series ; v. 13.
Available in Other Form International Criminal Court at the mercy of powerful states.
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Record Appears in Online Resources > Ebooks
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Foreword; Acknowledgements; Contents; Abbreviations; 1 Introduction: The International Criminal Court-Old Wine in a New Bottle?; Abstract; 1.1 The Allegation of Neo-Colonialism; 1.2 The Label 'Neo-Colonialism' in Political Discourse; 1.3 The Scope of the Book; 1.4 Limitations and Definitions; References; The Historical Concepts of Colonialism and Neo-Colonialism; 2 Introduction Part I; Abstract; References; 3 European Colonialism and Neo-Colonialism; Abstract; 3.1 European Colonialism; 3.1.1 A Classification of Colonialism; 3.1.2 European Colonisation of the African Continent

3.2 The Notion of Neo-Colonialism3.2.1 The Historical Concept of Neo-Colonialism; 3.2.2 Dependency and Asymmetry; 3.3 The Concept of Patronage; 3.4 The Exercise of Unequal Power and Structural Conditions; 3.5 Conclusion; References; 4 Legal Colonialism by European States; Abstract; 4.1 Law as a Structural Prerequisite for Colonialism; 4.2 French and British Colonial Strategies; 4.2.1 Colonial Laws sui generis; 4.2.2 The French Strategy of Assimilation; 4.2.3 The British Indirect Rule; 4.3 Common Characteristics of European Colonial Rule; 4.3.1 Imposition of Laws and Western Values

4.3.2 Asymmetry in the Enforcement of Colonial Laws4.4 Conclusion; References; Imposition of Laws and Western Values in the Field of International Criminal Law; 5 Introduction Part II; Abstract; References; 6 The Universalisation of Western Values Since the Second World War; Abstract; 6.1 The Concept of International Criminal Law; 6.2 The Universalisation of Major Crimes in the Field of International Criminal Law; 6.3 Universal Jurisdiction: A Value-Based Approach to International Justice; 6.3.1 The Legal Concept of Universal Jurisdiction

6.3.2 African Position Towards the Concept of Universal Jurisdiction6.4 The Value System of the ICC; 6.4.1 Introducing the Negotiation Process; 6.4.2 The Regime of Core Crimes Under the Rome Statute; 6.4.3 African States and the Establishment of the ICC; 6.5 Conclusion; References; 7 The Application of Universal Values in the Field of International Criminal Law; Abstract; 7.1 The Case of Universal Jurisdiction and National Amnesties; 7.1.1 Introductory Remarks; 7.1.2 The Concept of Amnesty; 7.1.3 The Duty to Prosecute or Extradite Under International Law

7.1.4 The International Community and the Concept of Amnesty7.1.5 The Binding Effect of Amnesties Outside of the Issuing State; 7.1.6 Interim Conclusion; 7.2 The Application of the Rome Statute Against Nationals of Non-Party States; 7.2.1 Introductory Remarks; 7.2.2 The Scope of ICC Jurisdiction; 7.2.3 Legality of the Extension of the Rome Statute to Nationals of Non-Party States; 7.2.3.1 Article 12(2)(a) RS; 7.2.3.2 Article 13(b) RS; 7.3 Conclusion; References; Re-inventing the Concept of Neo-Colonialism by Adopting an International Criminal Law Perspective; 8 Introduction Part III; Abstract

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