A Separate Law for Peacekeepers: The Clash between the Security Council and the International Criminal Court

Jain, Neha

doi:10.1093/ejil/chi116

Cited by 72 publications

(7 citation statements)

References 1 publication

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“…To that effect, the Commission, within the framework of the European Initiative for Democracy and Human Rights (EIDHR), funds the initiatives of non-governmental organizations (NGOs) that support the universal acceptance of the ICC. 23 Weller (2002) and Jain (2005). 23 This funding is not merely technical, for it implies political support for the ratification and implementation of the Statute in third countries.…”

Section: Authoritymentioning

confidence: 99%

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United We Stand? The European Union's International Actorness in the Cases of the International Criminal Court and the Kyoto Protocol*

Groenleer

Schaik

2007

J of Common Market Studies

119

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In this article we examine the relationship between the institutional set-up of the EU foreign policy-making process and the international actorness of the EU in two particular cases: the International Criminal Court and the Kyoto Protocol. Whereas in both cases policy-making is organized along intergovernmental lines, the EU has shown a relatively high degree of international actorness. We argue that this is the combined result of the considerable congruence of EU Member States' initial preferences and the social interactions between EU Member States, third countries and non-state actors, through which preferences converged even further over time. Copyright (c) 2007 The Author(s); Journal compilation (c) 2007 Blackwell Publishing Ltd.

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Section: Authoritymentioning

confidence: 99%

“…22 22 Declaration by the Presidency of the European Union on the UN Security Council's unanimous decision concerning Bosnia‐Herzegovina/International Criminal Court, 13 July 2002; EU Presidency Statement on the proposed renewal of the provisions of SCR 1422, 12 June 2003. See further Weller (2002) and Jain (2005). …”

mentioning

confidence: 96%

United We Stand? The European Union's International Actorness in the Cases of the International Criminal Court and the Kyoto Protocol*

Groenleer

Schaik

2007

J of Common Market Studies

119

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“…Dengan ini menegaskan bahwa ICC memiliki norma hukum positif yang sesungguhnya bukan hanya sekedar norma moral (positive morality) yang diharapkan dapat mengikat negara-negara dalam melakukan tugas, fungsi dan kewenangan sesuai dengan tujuan pembentukan pengadilan ini. 13 Akan tetapi terdapat perbedaan dalam prakteknya, ICC masih terhambat dalam pelaksanaan kewenangannya oleh karena beberapa ketentuan, antara lain: Pertama, masalah hak veto 5 negara (Amerika Serikat, Prancis, Inggris, Federasi Rusia, Cina) 14 Preambul ke 7 24 dari paragraf statuta roma telah ditegaskan kembali perlunya suatu 18 Sefriani, Peranan Hukum.. Op. Cit., h. 202 19 Jain, N. (2005).…”

Section: A Pendahuluanunclassified

Peran Perserikatan Bangsa-Bangsa dalam Kaitannya dengan Penegakan Hukum Oleh Mahkamah Pidana Internasional (Prospek dan Tantangan)

Damayanti

2020

SASI

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International law in its development moves dynamically according to international community interactions. In the development of international law has spawned an international organization, namely the United Nations (UN). International courts relating to the UN status. The UN has laid the framework of the kosnstitusionic on the underlying instrument of the Charter with the determination of all the members of the UN to avoid the recurrence of World War threats that have twice occurred and have caused A threat to all mankind. THE un-formed International Criminal Court is backed by many demands for justice for its extraordinary crimes (the most serious crime). The International Criminal Court aims to end impunity for perpetrators of gross human rights violations and to give a share of the prevention of the most serious crimes against human rights under international law, as well as Ensure international justice and support the achievement of objectivesof the United Nations Charter principles. Based on the description the problem that will be discussed in this article is the role and authority of THE International Organization (PBB) in maintaining international peace and security in resolving the problems that Conducted by the International Criminal Court (ICC).This Writing uses legal research methods is normative with the research of secondary data and described descriptively.

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“…54 Yet the implications of these legal innovations are far from settled, and differing views remain concerning the extent to which a UNSC resolution would bind the Court and thereby alter the operations of an independent international organization. 55 was understood at the time that underlying views were unlikely to change. The principal lines of debate thus focused on two main perspectives: that of the United States in seeking to gain acceptance for its immunities policy on the one hand, and that of the majority of participating states seeking to resist this effort (and thus support the status quo in the Rome Statute), on the other.…”

Section: Introductionmentioning

confidence: 99%

Arguing with law: strategic legal argumentation, US diplomacy, and debates over the International Criminal Court

Bower¹

2014

Rev. Int. Stud.

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Abstract. Recent studies have highlighted the instrumental use of language, wherein actors deploy claims to strategically pursue policy goals in the absence of persuasion or socialization. Yet these accounts are insufficiently attentive to the social context in which an audience assesses and responds to strategic appeals. I present a theoretical account that highlights the distinctly powerful role of international law in framing strategic argumentation. Legalized discourses are especially legitimate because law is premised on a set of internally coherent practices that constitute actors and forms of action. I then illustrate the implications in a hard case concerning US efforts to secure immunities from International Criminal Court jurisdiction. Contrary to realist accounts of law as a tool of the powerful, I show that both pro-and anti-ICC diplomacy was channelled through a legal lens that imposed substantial constraints on the pursuit of policy objectives. Court proponents responded to US diplomatic pressure with their own legal arguments; this narrowed the scope of the exemptions, even as the Security Council temporarily conceded to US demands. While the US sought to marry coercion with argumentative appeals, it failed to generate a lasting change in global practice concerning ICC jurisdiction.

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A Separate Law for Peacekeepers: The Clash between the Security Council and the International Criminal Court

Cited by 72 publications

References 1 publication

United We Stand? The European Union's International Actorness in the Cases of the International Criminal Court and the Kyoto Protocol*

United We Stand? The European Union's International Actorness in the Cases of the International Criminal Court and the Kyoto Protocol*

Peran Perserikatan Bangsa-Bangsa dalam Kaitannya dengan Penegakan Hukum Oleh Mahkamah Pidana Internasional (Prospek dan Tantangan)

Arguing with law: strategic legal argumentation, US diplomacy, and debates over the International Criminal Court

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