International Criminal Law

2010 Words9 Pages
Introduction The establishment of International Criminal Tribunals greatly impacts both monist and dualist states reshaping their national law. The affect on national law directly affects the behavior of states. This new and evolving legal dynamics substantially alters the landscape of international relations and it is of vital importance that its impact is inspected. The fact that nationals and non-state actors are becoming agents in shaping international legal process touches upon very nature of states sovereignty and their role in international law. States have becoming increasingly aware that their international prestige depends on the compliance to international justice mechanisms- extradition of their nationals, waiving immunity of their officials and submitting them to supra-national institutions is seen as a painful encroachment on their national discretion. Ad-hoc Tribunals are defined as ‘’the most ambitious international judicial experiment’’ (Baylies at al, 2011). Their proliferation and speedy development is often referred to as the ‘mushroom effect’. The pace of these developments might be the result of the state’s eagerness to belong to international community. The states have been increasingly eager to surrender their old boundaries of sovereignty in the name of transnational cooperation. It is interesting to investigate to what extent these new legal mechanisms tame the old concept of sovereignty. Deeply entrenched Westphalian notion of sovereignty has watered down in regards to international criminal justice. The positivist notions based on binding reciprocity and respect towards sovereignty inevitably take neo-liberal twist. Recently developed legal tools have power to challenge and even ostracize certain stat... ... middle of paper ... ...s, G. (2001). Assault on Sovereignty : The Clear and Present Danger of the New International Criminal Court, 17(1), 35–77. Roth, B. R., Ethics, A. I., & Law, I. (2005). State Sovereignty , International Legality , and Moral Disagreement, 6335. Sean, M. D. (1994). Progress and Jurisprudence of the International Criminal Tribunal for the Former Yugoslavia. The American Journal of International Law, 93(1), 57–97. Retrieved from http://www.jstor.org/stable/2997956 . Strob, D. (2001). State Cooperation with the International Criminal Tribunals for the Former Yugoslavia and for Rwanda, 5, 249–283. Trahan, J. (2012). Is Complementarity the Right Approach for the International Criminal Court ’ s Crime of Aggression ? Considering the Problem of “ Overzealous ” National Court Prosecutions, 569, 569–602. Trauner, F. (2009). external governance in South Eastern Europe, 774–790.
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