Skip to main content Accessibility help
×
Hostname: page-component-76fb5796d-skm99 Total loading time: 0 Render date: 2024-04-25T16:52:12.437Z Has data issue: false hasContentIssue false

1 - River of Justice

Published online by Cambridge University Press:  05 September 2012

Benjamin N. Schiff
Affiliation:
Oberlin College, Ohio
Get access

Summary

The International Criminal Court exists to implement a treaty, the Rome Statute of 1998, which contains objectives, principles, and mechanisms over which there was long debate, dispute, compromise, and finally both elation and disappointment. The Statute should be thought of more as a negotiated cognitive and political map than an architectural plan because even though it charts the territory and encompasses crucial compromises, there is no guarantee that it is a coherent design for an organization. The Statute's negotiators – diplomats, nongovernmental organization activists, lawyers, and scholars from diverse countries – shared many of the same ideas coming into the negotiation. They came to agree on the general legal territory upon which the Court would operate and on many of its features; however, details of the organization's structure and its overall trajectory remained to be charted in further negotiation and in practice.

Like maps drawn through the ages on the basis of explorers' reports, rumors, imagination, and creative draftsmanship, the Statute is a snapshot of perceptions and compromises at a particular historical moment. A long history precedes it, and developments in which it is a milestone continue. To better understand the Statute and Court, metaphors even more dynamic than “map” might serve. The map reflects a moment, but the moment is only a slice from a stream of events.

Type
Chapter
Information
Publisher: Cambridge University Press
Print publication year: 2008

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

Save book to Kindle

To save this book to your Kindle, first ensure coreplatform@cambridge.org is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.

Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

  • River of Justice
  • Benjamin N. Schiff, Oberlin College, Ohio
  • Book: Building the International Criminal Court
  • Online publication: 05 September 2012
  • Chapter DOI: https://doi.org/10.1017/CBO9780511790607.004
Available formats
×

Save book to Dropbox

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.

  • River of Justice
  • Benjamin N. Schiff, Oberlin College, Ohio
  • Book: Building the International Criminal Court
  • Online publication: 05 September 2012
  • Chapter DOI: https://doi.org/10.1017/CBO9780511790607.004
Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • River of Justice
  • Benjamin N. Schiff, Oberlin College, Ohio
  • Book: Building the International Criminal Court
  • Online publication: 05 September 2012
  • Chapter DOI: https://doi.org/10.1017/CBO9780511790607.004
Available formats
×