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The International Criminal Court at the Mercy of Powerful States

An Assessment of the Neo-Colonialism Claim Made by African Stakeholders

  • Book
  • © 2017

Overview

Authors:
  1. Res Schuerch

    1. Zürich, Zürich , Zürich, Switzerland

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  • Independent (Western) perspective of an issue more often discussed from an African standpoint`
  • Topic of current interest as the ICC is currently facing criticism regarding the cases it is pursuing
  • In-depth analysis of a topic that has as yet only been dealt with superficially
  • Includes supplementary material: sn.pub/extras

Part of the book series: International Criminal Justice Series (ICJS, volume 13)

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Table of contents (13 chapters)

  1. Front Matter

    Pages i-xviii
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  2. Introduction: The International Criminal Court—Old Wine in a New Bottle?

    • Res Schuerch
    Pages 1-12

  3. The Historical Concepts of Colonialism and Neo-Colonialism

    1. Front Matter

      Pages 13-13
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    2. Introduction Part I

      • Res Schuerch
      Pages 15-17

    3. European Colonialism and Neo-Colonialism

      • Res Schuerch
      Pages 19-41

    4. Legal Colonialism by European States

      • Res Schuerch
      Pages 43-58

  4. Imposition of Laws and Western Values in the Field of International Criminal Law

    1. Front Matter

      Pages 59-59
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    2. Introduction Part II

      • Res Schuerch
      Pages 61-67

    3. The Universalisation of Western Values Since the Second World War

      • Res Schuerch
      Pages 69-98

    4. The Application of Universal Values in the Field of International Criminal Law

      • Res Schuerch
      Pages 99-131

  5. Re-inventing the Concept of Neo-Colonialism by Adopting an International Criminal Law Perspective

    1. Front Matter

      Pages 133-133
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    2. Introduction Part III

      • Res Schuerch
      Pages 135-137

    3. The Issue of Unjustified Asymmetry in the Enforcement of International Criminal Law

      • Res Schuerch
      Pages 139-168

    4. The Security Council Referral Power Under Article 13(b) Rome Statute

      • Res Schuerch
      Pages 169-217

    5. The Security Council Deferral Power Under Article 16 Rome Statute

      • Res Schuerch
      Pages 219-263

    6. U.S. Bilateral Non-Surrender Agreements and Article 98(2) Rome Statute

      • Res Schuerch
      Pages 265-285

    7. Concluding Remarks

      • Res Schuerch
      Pages 287-293

  6. Back Matter

    Pages 295-305
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Keywords

About this book

This book aims to investigate whether, and if so, how, an institution designed to bring to justice perpetrators of the most heinous crimes can be regarded a tool of oppression in a (neo-)colonial sense. To do so, it re-invents the concept of neo-colonialism, which is traditionally associated more with economic or political implications, from an international criminal law perspective, combining historical, political and legal analyses. 



Allegations of neo-colonialism in relation to the International Criminal Court (ICC) became widespread after the Court had issued an arrest warrant against the Sudanese President Omar Al-Bashir in 2009. While the Court, since its entry into function in 2002, has been confronted with criticism from various corners, the neo-colonialism controversy was sparked by African stakeholders. Unlike other contributions in this domain, thus, this book provides a Western perspective on an issue more often addressed from anAfrican standpoint, with the intention of distinguishing itself from the more political and emotive and sometimes superficial arguments that exist within critical legal approaches towards the ICC. 


The subject matter will primarily be of interest to scholars of international criminal law or those operating at the intersection of law and politics/history, nationals of African states and from other parts of the world professionally interested and/or involved in international criminal law and justice and the ICC, and governmental and non-governmental organizations. Secondly, the book will also appeal and speak to critical legal scholars and those interested in historical legal analysis.


Res Schuerch is a Swiss lawyer specialized in the field of International Criminal Law and the ICC. He previously worked as a researcher at the University of Amsterdam and as an academic assistant at the University of Zürich. 



Authors and Affiliations

  • Zürich, Zürich , Zürich, Switzerland

    Res Schuerch

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