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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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The Rome Statute and the Constitution of World Society

The Rome Statute and the Constitution of World Society

(p.87) 4 The Rome Statute and the Constitution of World Society
Defending the Society of States

Jason Ralph (Contributor Webpage)

Oxford University Press

This chapter demonstrates how the Rome Statute creates a Court that is legally separate from the society of states. To the extent that it gives victims of core crimes a means of legal redress that they would not otherwise have, the Statute helps to constitute ‘world’ as opposed to ‘international’ society. This claim is qualified by noting how the Court will in many respects be dependent on state support and by highlighting how the concessions that were made to the values of international society (i.e. sovereign consent and international order between states) complicates the Court's claim to be independent. As background to this analysis, the chapter summarises the various ways in which the English School have sought to define world society. It also describes how the UN Security Council's creation of ad hoc courts extended a ‘solidarist moment’, which was ultimately weakened by the charge of selective justice and the material costs of setting up and running such courts.

Keywords:   English School, world society, Rome Statute, Independent Prosecutor, International Criminal Tribunal, Former Yugoslavia, Rwanda, solidarist moment, Grotian moment, complementarity, UN Security Council

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