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ID177736
Title ProperAl-Bashir didn’t start the fire. Diversity, low contestedness, and the adoption of the Rome statute of the International Criminal Court
LanguageENG
AuthorIommi, Lucrecia García
Summary / Abstract (Note)This paper contends that despite it functioning as a catalyst, the ICC “Africa problem” did not start with the arrest warrant against al-Bashir. To fully comprehend the current legitimacy crisis we must understand the nature of the negotiation process that led to the adoption of the Rome Statute and its enduring impact. In particular, we must acknowledge the uneven ability of states to formulate and signify their preferences on the basis of their identity and interests during the negotiation process. Drawing from Wiener’s theory of contestation, the paper contends that the absence of meaningful engagement with issues germane to some ICC stakeholders before and during the Rome Conference facilitated the adoption of the Rome Statute, but also plausibly created difficulties for the Court in the long run. Specifically, it postponed unavoidable conflict over contentious issues and undermined the likelihood that specific stakeholders would develop a sense of ownership over the Statute.
`In' analytical NoteCambridge Review of International Affairs Vol. 34, No.1; Feb 2021: p.105-136
Journal SourceCambridge Review of International Affairs Vol: 34 No 1
Key WordsInternational Criminal Court ;  Omar al-Bashir ;  Al-Bashir


 
 
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