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This is the inside story of the International Criminal Court, one of the most innovative international institutions, from the unique perspective of its first Chief Prosecutor, Luis Moreno Ocampo.
Moreno Ocampo received the unprecedented mandate to trigger the International Criminal Court's investigation into sovereign states in June 2003, just three months after the Iraq invasion. At the time, there were serious doubts about the ICC's viability. By 2012, the end of his tenure, the future of the ICC was no longer at risk. However, as Moreno Ocampo's experiences have shown, what was and still is up for debate is the Rome Statute's ability to "contribute to the prevention" of future crimes.
The implementation of the Rome Statute has coincided with the War on Terror. The international criminal justice system that protects the rights of victims and suspects clashes with the US policy authorizing the killing abroad of individuals considered enemy combatants. Legal designs are literally a matter of life or death.
This book examines a consequential blind spot: The War on Terror obstructed justice and promoted terrorism. The Iraq intervention produced the 'Islamic State', and after twenty years of occupation, the Taliban returned to power. The Afghanistan occupation has ended, but not so the War on Terror. Using drones and proxy forces to eliminate enemies in foreign countries has become the "new normal."
Arguing that there is no chaos, just complexity, Moreno Ocampo produces an interdisciplinary analysis of his decisions, describing a "fragmented" international legal system's operation and the relationships between legal and political decisions. This book aims to help new generations to manage violence with new ways of legal and political thinking.
Preface
Introduction
Background
Chapter 1: The Appointment and the First Days.
Chapter 2: The Rome Statute Creating a New Legal Field: Jus ad Curiam
Chapter 3: The New Jus ad Bellum: The War on Terror
Chapter 4: Building the Office of the Prosecutor
Chapter 5: The Prosecutor's Authority in the Jus ad Curiam Phase
First Part: Preliminary Examinations in the States Parties' Jurisdiction.
Chapter 6: Selecting DRC as the First Situation to be Investigated
Chapter 7: The Uganda Preliminary Examination
Chapter 8: The Office of the Prosecutor Policy on "Interest of Justice"
Chapter 9: Peace and Justice: The "Juba Talks"
Chapter 10: Central African Republic Referral
Chapter 11: The Office of the Prosecutor Using its Proprio Motu Authority in Kenya
Chapter 12: The Preliminary Examinations Decisions Not to Open an Investigation
Chapter 13: Ongoing Preliminary Examinations
Chapter 14: Jus ad Curiam decisions in Colombia
Second Part: Jus ad Curiam and Jus ad Bellum Decisions Adopted by the UN Security Council, the US and Cote d'Ivoire
Chapter 15: Jus ad Curiam and Jus ad Bellum in the Iraq Situation
Chapter 16: The UN Security Council Resolution Referring the Darfur Situation to the ICC
Chapter 17: President Obama's Jus ad Bellum and Jus in Bello Decisions
Chapter 18: The ICC Investigation in Afghanistan
Chapter 19: The Libya Jus ad Curiam Decision
Chapter 20: War and Justice in the Gaddafi Case
Chapter 21: Jus ad Curiam and Jus ad Bellum decisions in Cote d'Ivoire.
Chapter 22: Jus ad Curiam and Jus ad Bellum decisions in Syria
Epilogue and Final Observations
Description
This is the inside story of the International Criminal Court, one of the most innovative international institutions, from the unique perspective of its first Chief Prosecutor, Luis Moreno Ocampo.
Moreno Ocampo received the unprecedented mandate to trigger the International Criminal Court's investigation into sovereign states in June 2003, just three months after the Iraq invasion. At the time, there were serious doubts about the ICC's viability. By 2012, the end of his tenure, the future of the ICC was no longer at risk. However, as Moreno Ocampo's experiences have shown, what was and still is up for debate is the Rome Statute's ability to "contribute to the prevention" of future crimes.
The implementation of the Rome Statute has coincided with the War on Terror. The international criminal justice system that protects the rights of victims and suspects clashes with the US policy authorizing the killing abroad of individuals considered enemy combatants. Legal designs are literally a matter of life or death.
This book examines a consequential blind spot: The War on Terror obstructed justice and promoted terrorism. The Iraq intervention produced the 'Islamic State', and after twenty years of occupation, the Taliban returned to power. The Afghanistan occupation has ended, but not so the War on Terror. Using drones and proxy forces to eliminate enemies in foreign countries has become the "new normal."
Arguing that there is no chaos, just complexity, Moreno Ocampo produces an interdisciplinary analysis of his decisions, describing a "fragmented" international legal system's operation and the relationships between legal and political decisions. This book aims to help new generations to manage violence with new ways of legal and political thinking.
