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ID: 079932

Creating a more `just' order: the Ad Hoc international war crimes tribunal for the former Yugoslavia / Birdsall, Andrea

Birdsall, Andrea	Journal Article
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2007.

Summary/Abstract

This article analyses the creation of the International Criminal Tribunal for the Former Yugoslavia (ICTY) in light of its potential for creating and institutionalizing justice norms in international society. The theoretical and analytical framework is based on the English School of International Relations and its central conflict between order and justice. The framework integrates a constructivist approach and the `norm life-cycle' to explain the dynamic process of norm emergence and institutionalization in international society. I argue that establishing the ICTY, despite a number of problems resulting from the way it was set up, constituted an important precedent for multilateral action towards institutionalizing respect for the rule of law and principles of individual justice. This suggests that these norms are being taken increasingly seriously and are being given priority over other fundamental principles of order, such as sovereignty and non-intervention. The ICTY's establishment constitutes a significant development in international politics and law and is evidence of the international society's move towards increased norm internationalization. The ICTY also contributed to the establishment of the International Criminal Court and the further institutionalization of human rights norms in creating a more just order

Key Words

Human Rights ; Norm Life-Cycle ; Ad Hoc War Crimes Tribunal

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ID: 099860

Monster that we need to slay”? global governance, the United States, and the international criminal court / Birdsall, Andrea

Birdsall, Andrea	Journal Article
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Publication

2010.

Summary/Abstract

The International Criminal Court is a new mechanism for the global governance of human rights that enjoys broad support from a large number of states. The United States expressed its hostile opposition especially in the early years, claiming that the ICC was harmful to US national interests. This attitude toward the court changed over the years, and a more pragmatic approach toward the ICC is now discernible. The United States had to acknowledge that actions taken in opposition to the ICC began to be harmful to its own national interests and it also realized the national interest utility the court has despite the deep-seated opposition to the concept of supranational sovereignty. This article looks at the reasons for opposition by the United States, its initial hostile position, and changes in the US approach toward the ICC.

Key Words

Human Rights ; Global Governance ; International Criminal Court ; International Criminal Justice ; US Opposition

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ID: 099894

Monstrous failure of justice’? Guantanamo bay and national security challenges to fundamental human rights / Birdsall, Andrea

Birdsall, Andrea	Journal Article
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Publication

2010.

Summary/Abstract

This article considers challenges to the existing international human rights regime in the post-9/11 era. It uses an interdisciplinary approach that brings together issues of politics and law by focussing on international legal provisions and setting them into the context of International Relations theory. The article examines the establishment of Guantanamo Bay as a detention centre for suspected terrorists captured in the 'war on terror' and focuses on violations of international human rights and humanitarian law in the name of national security. This article demonstrates that the wrangling over Guantanamo Bay is an important illustration of the complex interaction between interests and norms as well as law and politics in US policy making. The starting point is that politics and law are linked and cannot be seen in isolation from each other; the question that then arises is what kind of politics law can maintain.

Key Words

International Human Rights ; War on Terror ; Guantanamo Bay ; Logic of Consequences ; Logic of Appropriateness ; Bush Administration - United States

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