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Governance, Order, and the International Criminal CourtBetween Realpolitik and a Cosmopolitan Court$
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Steven C. Roach

Print publication date: 2009

Print ISBN-13: 9780199546732

Published to Oxford Scholarship Online: September 2009

DOI: 10.1093/acprof:oso/9780199546732.001.0001

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Political Evil, Cosmopolitan Realism, and the Normative Ambivalence of the International Criminal Court

Political Evil, Cosmopolitan Realism, and the Normative Ambivalence of the International Criminal Court

Chapter:
(p.157) 6 Political Evil, Cosmopolitan Realism, and the Normative Ambivalence of the International Criminal Court
Source:
Governance, Order, and the International Criminal Court
Author(s):

Patrick Hayden

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199546732.003.0007

This chapter adopts a different approach to those that now regard the creation of the ICC as evidence of the progressive ‘enlightenment’ of humankind. It argues that the ICC is best characterized in terms of cosmopolitan realism, that is, a critical cosmopolitanism shorn of historical and moral idealism, and motivated more by the terrifying experience of political evil than by the triumph of enlightened moral consciousness. In this sense, the cosmopolitan law underwriting the ICC can only be properly understood with constant reference to the phenomenon of political evil. The aim of this chapter is to understand how the political of the ICC's actions can be understood in terms of the ambivalence between confronting political evil and promoting its universal morality via its capacity to subject the perpetrators of evil to political judgement and legal accountability. Given these aims, the chapter attempts to understand and explain why the ICC's actions should be regarded as the latest effort to juridify evil.

Keywords:   cosmopolitanism, realism, Arendt, political evil, juridification, political risk

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