International Criminal Court Flashcards
What are sovereign and human rights?
Mutually contradictory regimes
What were sovereignty and international law developed out of?
Contradictory modern discourse about legitimate statehood
What is sovereignty?
An established norm within IR.
How is sovereignty being diminished?
Through established mechanisms, for instance EU. Tells states what can and cannot do.
Law vs Politics
States primary actors and no supranational entity. Question of punishing criminal states. Sov deeply related to concept of international anarchy.
What is there no?
No overarching entity above states telling them what to do.
What are states able to do because of global anarchy?
Avoid the consequences of their actions. International law politics rather than legislation.
What are international organizations?
Shells filled with dominant normative paradigms, reflexive but not constitutive of international society. Forums to enhance diplomatic dialogue.
What are norms?
Not static but dynamic. They are founded upon ideas which may be subject to change.
What is the justice problem?
International law a tool to regulate interstate behaviour. Ie, laws of war and prisoners of war camps.
What is international law?
Not clear. Wars are progressively more complicated. Who is a combatant and who is civilian. Which countries are involved. Strategic implications. What IL can be applied to a conflict.
What may happen in the case of civil prosecution?
States may retaliate against the civilians.
