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Defending the Society of StatesWhy America Opposes the International Criminal Court and its Vision of World Society$
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Jason Ralph

Print publication date: 2007

Print ISBN-13: 9780199214310

Published to Oxford Scholarship Online: September 2007

DOI: 10.1093/acprof:oso/9780199214310.001.0001

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International Society—The Duty Either to Extradite or Prosecute

International Society—The Duty Either to Extradite or Prosecute

(p.55) 3 International Society—The Duty Either to Extradite or Prosecute
Defending the Society of States

Jason Ralph (Contributor Webpage)

Oxford University Press

This chapter follows on from the previous by exploring how the pluralist – solidarist distinction at the heart of English School inquiry manifests itself in the question of whether states have a right and duty to extradite or prosecute individuals charged with crimes that offend humanity. By focusing on the Pinochet case before the House of Lords and the Arrest Warrant or Yerodia case before the International Court of Justice it demonstrates how the pluralist concern for order within and between states has restrained the solidarist enthusiasm for universal jurisdiction. The chapter includes a section on the politics of international criminal justice. This advances the argument that the US prefers to limit the decision to prosecute to states because its position of relative power means that it can more or less guarantee its interests and protect its personnel from international criminal accountability. This is illustrated by focusing on the US response to Belgian legislation that enabled its national courts to exercise universal jurisdiction.

Keywords:   pluralist, solidarist, international society, extradite, prosecute, universal jurisdiction, immunity, Pinochet, Yerodia, Arrest Warrant, International Court of Justice, Belgium

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