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War and Justice in the 21st Century: A Case Study on the International Criminal Court and its Interaction with the War on Terror

Luis Moreno Ocampo

ISBN13: 9780197628973
Published: January 2023
Publisher: Oxford University Press
Country of Publication: UK
Format: Hardback
Price: £35.49



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Also available as
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9780197628997
£14.39

This is the inside story of the International Criminal Court, perhaps the most innovative international institution, from the unique perspective of its first Chief Prosecutor, Luis Moreno Ocampo.

  • Provides a view of the International Criminal Court (ICC) from the perspective of its founding Chief Prosecutor
  • Argues that the War on Terror expanded support for international terrorism, rather than deterred it
  • Examines the legal systems managing international violence at the beginning of the 21st Century and their interactions
  • Demonstrates that the design of the ICC and the lack of harmonization among legal systems hampers the ability to produce justice
  • Explores the limits and possibilities of protecting victims at an international level
  • Describes an unprecedented legal practice, jus ad curiam, that is previously unexplored in legal and IR scholarship
  • Crosses academic disciplines and geographic areas to cover the range of ICC practice

Subjects:
International Criminal Law
Contents:
Preface
Introduction
Background
Chapter 1: The Appointment and the First Days
Chapter 2: The Rome Statute Creating a New Legal Field: Jus ad Curiam
Chapter 3: The New Jus ad Bellum: The War on Terror
Chapter 4: Building the Office of the Prosecutor
Chapter 5: The Prosecutor's Authority in the Jus ad Curiam Phase
First Part: Preliminary Examinations in the States Parties' Jurisdiction.
Chapter 6: Selecting DRC as the First Situation to be Investigated
Chapter 7: The Uganda Preliminary Examination
Chapter 8: The Office of the Prosecutor Policy on Interest of Justice
Chapter 9: Peace and Justice: The Juba Talks
Chapter 10: Central African Republic Referral
Chapter 11: The Office of the Prosecutor Using its Proprio Motu Authority in Kenya
Chapter 12: The Preliminary Examinations Decisions Not to Open an Investigation
Chapter 13: Ongoing Preliminary Examinations
Chapter 14: Jus ad Curiam decisions in Colombia
Second Part: Jus ad Curiam and Jus ad Bellum Decisions Adopted by the UN Security Council, the US and Cote d'Ivoire
Chapter 15: Jus ad Curiam and Jus ad Bellum in the Iraq Situation
Chapter 16: The UN Security Council Resolution Referring the Darfur Situation to the ICC
Chapter 17: President Obama's Jus ad Bellum and Jus in Bello Decisions
Chapter 18: The ICC Investigation in Afghanistan
Chapter 19: The Libya Jus ad Curiam Decision
Chapter 20: War and Justice in the Gaddafi Case
Chapter 21: Jus ad Curiam and Jus ad Bellum decisions in Cote d'Ivoire
Chapter 22: Jus ad Curiam and Jus ad Bellum decisions in Syria; Epilogue and Final Observations