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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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From Realism to Legalization: A Rationalist Assessment of the International Criminal Court in the Democratic Republic of Congo

From Realism to Legalization: A Rationalist Assessment of the International Criminal Court in the Democratic Republic of Congo

Chapter:
(p.55) 2 From Realism to Legalization: A Rationalist Assessment of the International Criminal Court in the Democratic Republic of Congo
Source:
Governance, Order, and the International Criminal Court
Author(s):

Eric K. Leonard

Steven C. Roach (Contributor Webpage)

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199546732.003.0003

Rationalist or mainstream theories focus on the causal effects and functional properties of international law. One of the central problems of explaining the effectiveness of the ICC is that not all states can be expected to cooperate with the Office of the Prosecutor. While such uncertainty involves primarily the interests of non-State Parties, it is not entirely clear as to how territorial States Parties will seek to maximize their interests in their dealings with the Court. This chapter addresses this issue by focusing on the relationship between the institutional effectiveness of the ICC and the interests of State Parties. A key issue examined is the maximization of interests of these states vis-à-vis ICC prosecutorial discretion, and the problem that this raises for full cooperation. Employing a legalization framework, the chapter analyzes this issue in the context of the self-referral by the Democratic Republic of Congo (DRC). It argues that legalization theory, while limited in certain respects, offers an important analytical framework for examining the parameters or matrix of politicized justice.

Keywords:   realism, neo-liberalism, civil war, legalization, Congo, evolution, ICC

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