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International Justice and the International Criminal CourtBetween Sovereignty and the Rule of Law$
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Bruce Broomhall

Print publication date: 2004

Print ISBN-13: 9780199274246

Published to Oxford Scholarship Online: January 2010

DOI: 10.1093/acprof:oso/9780199274246.001.0001

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The Rule of Law and International Accountability

The Rule of Law and International Accountability

Chapter:
(p.52) III The Rule of Law and International Accountability
Source:
International Justice and the International Criminal Court
Author(s):

Bruce Broomhall

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199274246.003.0004

This chapter addresses questions provoked by the enforcement of international criminal law. By calling for the regular enforcement of international criminal law, is the accountability literature calling for the recognition of the ‘rule of law’? Calls for the ‘rule of law’ with respect to international criminal law often carry with them an express or implied endorsement of a reduction in sovereignty and an increased willingness to conflict with basic characteristics of the post-War modified ‘Westphalian’ system. The latter system establishes a divide between the increasing legal regulation of areas once considered purely sovereign or internal, and the abiding role of the independent discretion of States acceding to, interpreting, and applying international law in practice. State discretion is not unfettered, free of all constraints, but it is a discretion in which law is but one constraint, and in which diplomatic, economic, strategic, and other ‘political’ factors also have an integral role.

Keywords:   international criminal law, international accountability, rule of law, sovereignty

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