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Posts tagged politics
Between Law and Politics: The Future of the Law Officers in England and Wales

By Conor Casey

This report considers the constitutional role of the Law Officers and defends the institutional status quo. The current configuration of the Attorney General (and Solicitor General), as a law officer with legal and political dimensions, works well. Moving to an alternative (apolitical, technocratic) model of Attorney General would risk excessive legalisation of policy and would reduce political accountability.

London: Policy Exchange, 2023. 29p.

Rules, Politics, and the International Criminal Court: Committing to the Court

By Yvonne Dutton

Dutton examines the ICC and whether and how its enforcement mechanism influences state membership and the court’s ability to realize treaty goals, examining questions such as:

  • Why did states decide to create the ICC and design the institution with this uniquely strong enforcement mechanism?

  • Will the ICC’s enforcement mechanism be sufficient to hold states accountable to their commitment so that the ICC can realize its goal of ending impunity for genocide, crimes against humanity, and war crimes?

  • Will states view the ICC’s enforcement mechanism as a credible threat and refuse to join unless they already have good domestic human rights practices and institutions that are independent and capable of prosecuting human rights abuses?

  • If states that most need to improve their domestic legal practices as relates to protecting against human rights abuses do not join the court, is there any hope that the threat of punishment by the ICC can play a role in bettering state’s human rights practices and deterring individuals from committing mass atrocities?

This work provides a significant contribution to the field, and will be of great interest to students and scholars of international law, international relations, international organizations and human rights.

Abingdon, Oxon; New York: Routledge, 2013. 216p.

Power and Principle: The Politics of International Criminal Courts

By Christopher Rudolph

Human rights advocates have long pressed for international institutions to prosecute crimes against humanity. With its global reach and mandate to investigate and prosecute some of the world's most severe crimes (genocide, war crimes, and crimes against humanity) the creation of the International Criminal Court in 2002 was hailed as a landmark event in the evolution of truly global society. Supporters argue that the ICC and other transnational tribunals will deter the commission of atrocities and contribute to global peace and stability, and they laud its independence and its potential to check the arbitrary use of power against the powerless. To better understand how international criminal courts function and determine their broader implications for global society, this book examines the factors that led to the creation and evolution of international criminal courts, the nature of the support for and opposition to such institutions, and how they function.

Ithaca, NY: Cornell University Press, 232p.

Borderlands

By Emmanuel Baunet-Jailly.

Comparing Border Security in North America and Europe. This book addresses this gap between security needs and an understanding of borders and borderlands. Specifically, the chapters in this volume ask policy-makers to recognize that two fundamental elements define borders and borderlands: first, human activities (the agency and agent power of individual ties and forces spanning a border), and second, the broader social processes that frame individual action, such as market forces, government activities (law, regulations, and policies), and the regional culture and politics of a borderland.

University of Ottawa Press (2007) 404 pages.