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Title
The International Criminal Court at the mercy of powerful states: How the Rome Statute promotes legal neo-colonialism |
Full text
http://hdl.handle.net/11245/1.523623 |
Date
2016 |
Author(s)
R.J. Schuerch |
Abstract
The International Criminal Court (ICC), since putting focus on African situations and cases and in particular following the Al-Bashir indictment, became the target of criticism by the political establishments of many African states which repeatedly labelled the Court an agent of powerful states which promotes a neo-colonialist agenda. Due to the fact that the phenomenon of neo-colonialism is commonly associated with economic or political ' as opposed to legal ' implications, the present dissertation is concerned with the question of how this concept relates to the discipline of international criminal law (ICL) in general and the ICC in particular. The first part explores the historical background of the notions of colonialism and neo-colonialism in order to find out whether, and if so, how the notion of neo-colonialism can be applied in a contemporary legal environment. Part two shifts focus towards the field of ICL and deals with the universal nature of international core crimes which, under defined circumstances, trump the sovereignty of single states in the prosecution of these crimes. In due consideration of the conceptual differences between classical neo-colonialism and present-day ICL, the third part starts with providing an understanding on how the pervasive fact of asymmetry allows a reconceptualization of the notion of neo-colonialism from an international criminal law perspective. On this basis, the dissertation subsequently explores how the concept of legal neo-colonialism finds expression in the Rome Statute. Focus in these application-analyses is placed on provisions that are particularly apt to promote the interests of powerful states. |
Language
en |
Type of publication
PhD thesis |
Rights
It is not permitted to download or to forward/distribute the text or part of it without the consent of the author(s) and/or copyright holder(s), other than for strictly personal, individual use, unless the work is under an open content licence (like Creative Commons). |
Repository
Amsterdam - UvaPub, University of Amsterdam
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Added to C-A: 2016-03-17;07:30:12 |
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