The Politics of International Criminal Law

Series: 

The Politics of International Criminal Law is an interdisciplinary collection of original research that examines the often noted but understudied political dimensions of International Criminal Law (ICL). As a nascent legal regime that seeks to regulate the longstanding power of states to manage war and crime, ICL faces challenges to its legitimacy, including disagreement over its aims and effectiveness; inequality in the work of its institutions; and opposition from dominant countries. The editors bring together eleven senior and emerging scholars and practitioners from Europe, Asia, Africa, Australia and North America to analyse these challenges from an illuminating range of theoretical and empirical perspectives. Taken together, the collection ultimately helps advance our understanding of the particularly charged relationship between law and politics in ICL.

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Holly Cullen is an Adjunct Professor of Law at the University of Western Australia. She has authored The Role of International Law in the Elimination of Child Labor (Brill/Nijhoff, 2007) and articles on international human rights law and international organisations.

Philipp Kastner is a Senior Lecturer in International Law at the University of Western Australia. Publications include Legal Normativity in the Resolution of Internal Armed Conflict (Cambridge University Press, 2015) and, as editor, International Criminal Law in Context (Routledge, 2018).

Sean Richmond is an Instructor in the Department of Law and Legal Studies at Carleton University who researches and teaches in international law and international relations. Prior to joining Carleton, he was the Special Advisor to Canada’s Legal Adviser at the Department of Foreign Affairs..
 Acknowledgements
 Notes on Contributors

 The Politics of International Criminal Law
Holly Cullen, Philipp Kastner and Sean Richmond

Part 1: The Politics of International Criminal Law in Theory and Practice



1 Bridge over Troubled Water – A Semantic Approach to Purposes and Goals in International Criminal Justice
Alexander Heinze

2 The Politics of International Criminal Justice: hegemony and Humanity at the International Criminal Tribunal for the Former Yugoslavia
Shannon Maree Torrens

3 Constructing International Criminal Justice across Time and Space
Emma Palmer

Part 2: Challenges to the International Criminal Court through African Interactions



4 The Office of the Prosecutor: seeking Justice or Serving Global Imperialism?
Shannon Fyfe

5 The Law and Politics of Norm Conflict: immunity versus Accountability and the Case of Al-Bashir
Catherine Moore

6 The Lost Kenyan Duel: the Role of Politics in the Collapse of the International Criminal Court Cases against Ruto and Kenyatta
Daniel M. Mburu

Part 3: International Criminal Law and Politics of Culture, Emotions and Voice



7 Prosecution for the Destruction of Cultural Property: significance of the Al Mahdi Trial
Lara Pratt

8 Emotions in International Criminal Law: reckoning with the Unknown
Josh Pallas

9 The Politics of Reparations at the International Criminal Court
Miriam Cohen

Part 4: Limits of International Criminal Law: international and National Security



10 Private Military Security Companies: addressing Accountability – A Suggested Model for Control
Pauline Collins

11 Counterterrorism and National Security: the Domestic/International Law Interface
Vincent-Joël Proulx

 Index
The book’s interdisciplinary perspective and diverse contributions will appeal to a relatively wide international readership of scholars, graduate students, and practitioners working in the areas of international criminal law and international politics.