On the International Criminal Court (ICC) and winds of (revolutionary) change in international politics. And what Sudan has got to do with it Cover Image

On the International Criminal Court (ICC) and winds of (revolutionary) change in international politics. And what Sudan has got to do with it
On the International Criminal Court (ICC) and winds of (revolutionary) change in international politics. And what Sudan has got to do with it

Author(s): Lia Potec
Subject(s): Politics / Political Sciences, Governance, International relations/trade, Penal Policy, Geopolitics
Published by: Institutul Diplomatic Român

Summary/Abstract: The study has is structured in four parts. The first develops a definition of the concept of “revolutionary,” against which the institutional characteristics and powers of the International Criminal Court (ICC) will be assessed. The second offers a brief description of the institutional and jurisdictional characteristics of the ICC, comparing and contrasting them, where relevant, with other institutions of international justice established so far. The third part goes on to offer a qualitative analysis of the Rome Statute provisions, starting with the purposes the ICC as an international institution is envisaged to serve, and the values and principles it stands for and is designed to reinforce, as reflected in the Preamble. The aim is to highlight the extent to which these values, principles and practical purposes reflect a discoursive-normative framework that is human-centred rather than state-centred. It continues with an analysis of the provisions contained in the main body of the Statute, aiming to highlight whether and to what extent, beyond the statement of purpose in the preamble, the Statute requires and gives effect to political action that is challenging (i.e. potentially revolutionary) of norms, practices, and institutional structures that traditionally have been seen to underpin the international order. The fourth part engages in a discussion of the effective impact of the ICC on the international order so far, of whether and the extent to which it can be held to be “revolutionary,” focusing in particular on its “special” involvement in the Darfur situation in Sudan.

  • Issue Year: II/2008
  • Issue No: II
  • Page Range: 136-191
  • Page Count: 56
  • Language: English