عنوان

Cosmopolitan Subjects:

شماره

LA108159

زبان متن نوشتاري يا گفتاري و مانند آن

انگلیسی

عنوان اصلي

Cosmopolitan Subjects:

نام عام مواد

[Article]

ساير اطلاعات عنواني

Critical Reflections on Dualism, International Criminal Law and Sovereignty

نام نخستين پديدآور

Ronald C. Jennings

محل نشرو پخش و غیره

Leiden

نام ناشر، پخش کننده و غيره

Brill | Nijhoff

متن يادداشت

Is contemporary international criminal law (icl) compatible with sovereignty and traditional international law (il) as it is comprehended by the doctrine of Dualism, as understood by the great majority of international jurists, scholars, government representatives and those working at the tribunals? What the literature has entirely missed is that three most important figures in the initial creation and institutionalization of ilc for the Yugoslavia Tribunal in 1994 - Antonio Cassese, Cherif Bassiouni and Theodor Meron - all shared a commitment to a monistic view based on expansive and radical interpretation of icl in which international criminal jurisdiction (iicj) - because it makes individuals its sole legal subject - as radically legally, politically and even ontologically incompatible with - and inherently to superior - sovereignty, as well as all those institutions based on traditional sovereign il (e.g., international humanitarian law, the un Charter system, and human rights). Normatively, they call for "the humanization" or individualization of international law marked by direct and unmediated relationships between iicj institutions and the individual. Practically, they acknowledge icl's basis in modern statist domestic criminal law and Security Council power means that it is necessarily a unitary, top-down and subjecting power, incompatible with the claims of both dualists and pluralists. If the monists are correct, the African Union (au) must be very careful not to presume that what one likes about international courts (African, treaty- or sovereignty based tribunals) can be easily separated from what one does not like (unsc power, icc), because it was icl itself, not the tribunals, which is fundamentally anti-sovereign. As a result, this article concludes that icl itself is now too closely ground in iicj to think that it could be separated in an African court. Is contemporary international criminal law (icl) compatible with sovereignty and traditional international law (il) as it is comprehended by the doctrine of Dualism, as understood by the great majority of international jurists, scholars, government representatives and those working at the tribunals? What the literature has entirely missed is that three most important figures in the initial creation and institutionalization of ilc for the Yugoslavia Tribunal in 1994 - Antonio Cassese, Cherif Bassiouni and Theodor Meron - all shared a commitment to a monistic view based on expansive and radical interpretation of icl in which international criminal jurisdiction (iicj) - because it makes individuals its sole legal subject - as radically legally, politically and even ontologically incompatible with - and inherently to superior - sovereignty, as well as all those institutions based on traditional sovereign il (e.g., international humanitarian law, the un Charter system, and human rights). Normatively, they call for "the humanization" or individualization of international law marked by direct and unmediated relationships between iicj institutions and the individual. Practically, they acknowledge icl's basis in modern statist domestic criminal law and Security Council power means that it is necessarily a unitary, top-down and subjecting power, incompatible with the claims of both dualists and pluralists. If the monists are correct, the African Union (au) must be very careful not to presume that what one likes about international courts (African, treaty- or sovereignty based tribunals) can be easily separated from what one does not like (unsc power, icc), because it was icl itself, not the tribunals, which is fundamentally anti-sovereign. As a result, this article concludes that icl itself is now too closely ground in iicj to think that it could be separated in an African court. Is contemporary international criminal law (icl) compatible with sovereignty and traditional international law (il) as it is comprehended by the doctrine of Dualism, as understood by the great majority of international jurists, scholars, government representatives and those working at the tribunals? What the literature has entirely missed is that three most important figures in the initial creation and institutionalization of ilc for the Yugoslavia Tribunal in 1994 - Antonio Cassese, Cherif Bassiouni and Theodor Meron - all shared a commitment to a monistic view based on expansive and radical interpretation of icl in which international criminal jurisdiction (iicj) - because it makes individuals its sole legal subject - as radically legally, politically and even ontologically incompatible with - and inherently to superior - sovereignty, as well as all those institutions based on traditional sovereign il (e.g., international humanitarian law, the un Charter system, and human rights). Normatively, they call for "the humanization" or individualization of international law marked by direct and unmediated relationships between iicj institutions and the individual. Practically, they acknowledge icl's basis in modern statist domestic criminal law and Security Council power means that it is necessarily a unitary, top-down and subjecting power, incompatible with the claims of both dualists and pluralists. If the monists are correct, the African Union (au) must be very careful not to presume that what one likes about international courts (African, treaty- or sovereignty based tribunals) can be easily separated from what one does not like (unsc power, icc), because it was icl itself, not the tribunals, which is fundamentally anti-sovereign. As a result, this article concludes that icl itself is now too closely ground in iicj to think that it could be separated in an African court. Is contemporary international criminal law (icl) compatible with sovereignty and traditional international law (il) as it is comprehended by the doctrine of Dualism, as understood by the great majority of international jurists, scholars, government representatives and those working at the tribunals? What the literature has entirely missed is that three most important figures in the initial creation and institutionalization of ilc for the Yugoslavia Tribunal in 1994 - Antonio Cassese, Cherif Bassiouni and Theodor Meron - all shared a commitment to a monistic view based on expansive and radical interpretation of icl in which international criminal jurisdiction (iicj) - because it makes individuals its sole legal subject - as radically legally, politically and even ontologically incompatible with - and inherently to superior - sovereignty, as well as all those institutions based on traditional sovereign il (e.g., international humanitarian law, the un Charter system, and human rights). Normatively, they call for "the humanization" or individualization of international law marked by direct and unmediated relationships between iicj institutions and the individual. Practically, they acknowledge icl's basis in modern statist domestic criminal law and Security Council power means that it is necessarily a unitary, top-down and subjecting power, incompatible with the claims of both dualists and pluralists. If the monists are correct, the African Union (au) must be very careful not to presume that what one likes about international courts (African, treaty- or sovereignty based tribunals) can be easily separated from what one does not like (unsc power, icc), because it was icl itself, not the tribunals, which is fundamentally anti-sovereign. As a result, this article concludes that icl itself is now too closely ground in iicj to think that it could be separated in an African court.

تاريخ نشر

2014

توصيف ظاهري

321-350

عنوان

African Journal of Legal Studies

شماره جلد

7/3

شماره استاندارد بين المللي پياييندها

1708-7384

اصطلاح موضوعی

sovereignty

اصطلاح موضوعی

African Criminal Court

اصطلاح موضوعی

African Union

اصطلاح موضوعی

Antonio Cassese

اصطلاح موضوعی

Cherif Bassiouni

اصطلاح موضوعی

dualism

اصطلاح موضوعی

humanization

اصطلاح موضوعی

individual international criminal jurisdiction

اصطلاح موضوعی

International Criminal Court (icc)

اصطلاح موضوعی

international criminal law

اصطلاح موضوعی

monism

اصطلاح موضوعی

pluralism

اصطلاح موضوعی

Tadić Decision

اصطلاح موضوعی

Theodor Meron

اصطلاح موضوعی

Yugoslavia Tribunal (icty)

مستند نام اشخاص تاييد نشده

Ronald C. Jennings

شماره بازیابی

10.1163/17087384-12342050

نام الکترونيکي

فرمت انتشار

p

نوع ماده

[Article]

کد کاربرگه

275578

سطح دسترسي

a

تكميل شده

Y