Global Governance and the International Criminal Court

2005 ◽  
Vol 18 (3) ◽  
pp. 557-590 ◽  
Author(s):  
WILLIAM W. BURKE-WHITE

This article asserts the emergence of multi-level global governance through an analysis of the relationship between the International Criminal Court and the Democratic Republic of Congo. The article suggests a far deeper set of influences than previously anticipated, presenting research on how the ICC is directly influencing Congolese domestic politics and how some actors within the Congo are seeking to manipulate the Court for their own political benefit. Further, the article considers the self-referral by the Congolese government, the early impact of complementarity, and efforts at judicial reform in the Congo. In the process the article develops a set of criteria to evaluate the ‘total or substantial collapse’ provisions of the complementarity regime.


Author(s):  
Sarah S. Stroup ◽  
Wendy H. Wong

Our conclusion revisits the main findings in this study, but since we are hopeful that our authority framework travels to other parts of IR, we discuss extensions of and exceptions to the authority trap. For this, we both bring forth the example of the International Criminal Court, which, if anything, was not a vanilla victory. We also explore how the authority trap might work differently for non-INGOs, specifically non-state groups that use violence, and for global governance generally. What we show is that while the authority trap may be difficult to escape, it is not ironclad.


Author(s):  
Matthias Dembinski ◽  
Dirk Peters

Abstract Complaints about “double standards” in global governance are widespread. When governments from the Global South criticize powerful Western states for applying double standards in implementing norms such as international criminal justice, this is usually taken to indicate that they disagree with the substance of these norms. In contrast, this article argues that the criticism can also be understood as expressing dissatisfaction with the procedures for applying those norms. Based on insights from empirical justice research in social psychology, the article highlights the significance of procedural fairness for the legitimacy of institutions and illustrates the importance of concerns about procedural unfairness in recent complaints about the International Criminal Court (ICC) by African governments.


2010 ◽  
Vol 24 (1) ◽  
pp. 69-90 ◽  
Author(s):  
John Gastil ◽  
Colin J. Lingle ◽  
Eugene P. Deess

The jury system is one of the oldest deliberative democratic bodies, and it has a robust historical record spanning hundreds of years in numerous countries. As scholars and civic reformers envision a democratic global public sphere and international institutions, we advocate for the inclusion of juries of lay citizens as a means of administering justice and promoting deliberative norms. Focusing specifically on the case of the International Criminal Court, we show how juries could bolster that institution's legitimacy by promoting public trust, increasing procedural fairness, foregrounding deliberative reasoning, and embodying democratic values. Juries would present novel logistical, philosophical, and legal problems, but we show how each of these might be overcome to make juries a viable element of global governance.


Author(s):  
Tom Buitelaar ◽  
Richard Ponzio

This chapter examines global governance reform strategies based on “smart coalitions” that include all parties with relevant assets to contribute. It analyzes and draws lessons from historical reform efforts, first, those undertaken by three international commissions: the Commission on Global Governance (1995), the International Commission for Intervention and State Sovereignty (2001), and the High-Level Panel on Threats, Challenges, and Change (2004). It then scrutinizes the factors contributing to the success of two recent global governance reform coalitions: the International Campaign to Ban Landmines (1997) and the International Criminal Court (1998). Analysis shows that reform strategies based on mutual recognition of the strengths and weaknesses of the various partners involved, and with active and sustained implementation strategies, have had the greatest success.


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