Jump to ContentJump to Main Navigation
Governance, Order, and the International Criminal CourtBetween Realpolitik and a Cosmopolitan Court$
Users without a subscription are not able to see the full content.

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

Show Summary Details
Page of

PRINTED FROM OXFORD SCHOLARSHIP ONLINE (www.oxfordscholarship.com). (c) Copyright Oxford University Press, 2019. All Rights Reserved. Under the terms of the licence agreement, an individual user may print out a PDF of a single chapter of a monograph in OSO for personal use (for details see www.oxfordscholarship.com/page/privacy-policy).date: 20 July 2019

Anarchy is What Criminal Lawyers and other Actors Make of it: International Criminal Justice as an Institution of International and World Society

Anarchy is What Criminal Lawyers and other Actors Make of it: International Criminal Justice as an Institution of International and World Society

Chapter:
(p.133) 5 Anarchy is What Criminal Lawyers and other Actors Make of it: International Criminal Justice as an Institution of International and World Society
Source:
Governance, Order, and the International Criminal Court
Author(s):

Jason Ralph (Contributor Webpage)

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199546732.003.0006

This chapter argues that the ICC is not merely a response to a developed consensus of the idea that individuals should be held criminally responsible for gross human rights violations. It is also a response to what Alexander Wendt might call the ‘instability’ of an international society that has enabled unaccountable great powers to decide when and where international criminal justice would be administered and promoted, and to grant effectively for themselves exceptions to the laws they applied to others. In this sense, the rules of international society remained unstable and states responded by creating the ICC, which, in effect, turned the exception into the norm. The chapter seeks to show how the Court's independence from the society of states leads us to contemplate further the other aspect of English School theorizing: world society. From this standpoint, it addresses the crucial issue of why so many states thought it necessary to create the Office of the Prosecutor, and to invest it with the powers to investigate without prior authorization of the UN Security Council.

Keywords:   world society, instability, consensus, anarchy, sovereignty, collective accountability

Oxford Scholarship Online requires a subscription or purchase to access the full text of books within the service. Public users can however freely search the site and view the abstracts and keywords for each book and chapter.

Please, subscribe or login to access full text content.

If you think you should have access to this title, please contact your librarian.

To troubleshoot, please check our FAQs , and if you can't find the answer there, please contact us .