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Thomas Obel Hansen - Judging the Powerful in International Criminal Law, Inbunden

Inbunden, Engelska, 2027

Del i serien Routledge Frontiers in Accountability Studies

Judging the Powerful in International Criminal Law

The Western Accountability Impasse

Av Thomas Obel Hansen

2949 kr

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Beskrivning
This book explains why accountability for atrocity crimes remains difficult when Western powers or their close allies are implicated. Moving beyond familiar critiques of double standards, the book locates the ‘Western accountability impasse’ within the structures of the Western-led global order and examines the conditions under which it can be challenged. It develops a framework for understanding why global accountability regimes ordinarily align with Western interests and the conditions under which they depart from that alignment. The book traces patterns of geopolitical selectivity across international criminal tribunals. It zooms in on the International Criminal Court’s contrasting responses to alleged crimes involving British troops in Iraq, United States military and security personnel in Afghanistan and Israeli actors in Palestine. It further interrogates the prospects and limitations of national courts’ extraterritorial jurisdiction. The study explains how institutional dependence, political pressure and claims to Western exceptionalism constrain justice, while identifying openings created by competing pressures, divisions within the West and interactions across accountability regimes. It concludes by setting out an agenda for more universal justice in a changing global order. The book will interest scholars, students and practitioners in international criminal law, accountability studies, human rights and international relations.
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Thomas Obel Hansen is the Beatriz Galindo Distinguished Professor with the Department of International Law, Universidad Carlos III de Madrid (UC3M), co-funded by the Spanish Government, and is associated with the Francisco de Vitoria Institute of International and European Studies. He has a research affiliation with the Transitional Justice Institute, Ulster University.

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“This is a book that gets to the heart of what many of us who have dedicated much of our professional lives to the advancement of international justice have been observing, but which is articulated so clearly and carefully examined in this excellent text. Thomas gives readers a thorough, well-argued and thoughtful analysis which does not hold back or sugar-coat what he calls the “Western accountability impasse” and which reflects major challenges and failings associated with the attainment of justice for some of the worst crimes. This book captures the problems associated with the “rules based international order” but also the uncertainty associated with its demise and the absence of any clear order to take its place. What emerges is a strong, impassioned case for an international justice that does not simply rise or fall with any global order, but which as he clearly demonstrates, can depart from that alignment under certain conditions. Will such conditional de-alignments be deep enough and occur often enough to satisfy the demands of universalists? I hope so, but the jury is still out.”Carla Ferstman, Professor, Human Rights Centre, Essex Law School, UK

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