The arbitrary circumscription of the jurisdiction of the international criminal court

Research output: Contribution to journalArticle

Abstract

As it is currently legally constituted, the International Criminal Court has no jurisdiction over the world’s most important military powers–United States, China and Russia-for the most serious crimes that can be committed in the international system (unless their members commit the crimes on the territory of a state that has ratified the ICC). It is hard to see the restricted jurisdiction of the International Criminal Court as anything other than the bald placing of the most powerful members of the international political community above the law while the rest of the community remains subject to it. At the same time, one essential element of the legitimacy of the International Criminal Court is that it is founded on state consent. But this does not get the International Criminal Court entirely off the hook. I will argue that the circumscription of the jurisdiction of the court is arbitrary and in violation of fundamental norms of justice and that this threatens the legitimacy of the Court. We are facing a legitimacy dilemma between the need for state participation in the creation of international law and the requirements of the rule of law.

Original languageEnglish (US)
JournalCritical Review of International Social and Political Philosophy
DOIs
StateAccepted/In press - Jan 1 2019

Fingerprint

International Criminal Court
jurisdiction
legitimacy
offense
international system
constitutional state
international law
community
Russia
justice
Military
China
participation
Law
Jurisdiction
Legitimacy
Crime

Keywords

  • Criminal courts
  • equality
  • international institutions
  • jurisdiction
  • justice
  • legitimacy
  • punishment
  • rule of law
  • state consent

ASJC Scopus subject areas

  • Philosophy
  • Sociology and Political Science

Cite this

@article{3f03497648ee4b1b92f0820d4717ef46,
title = "The arbitrary circumscription of the jurisdiction of the international criminal court",
abstract = "As it is currently legally constituted, the International Criminal Court has no jurisdiction over the world’s most important military powers–United States, China and Russia-for the most serious crimes that can be committed in the international system (unless their members commit the crimes on the territory of a state that has ratified the ICC). It is hard to see the restricted jurisdiction of the International Criminal Court as anything other than the bald placing of the most powerful members of the international political community above the law while the rest of the community remains subject to it. At the same time, one essential element of the legitimacy of the International Criminal Court is that it is founded on state consent. But this does not get the International Criminal Court entirely off the hook. I will argue that the circumscription of the jurisdiction of the court is arbitrary and in violation of fundamental norms of justice and that this threatens the legitimacy of the Court. We are facing a legitimacy dilemma between the need for state participation in the creation of international law and the requirements of the rule of law.",
keywords = "Criminal courts, equality, international institutions, jurisdiction, justice, legitimacy, punishment, rule of law, state consent",
author = "Christiano, {Thomas D}",
year = "2019",
month = "1",
day = "1",
doi = "10.1080/13698230.2019.1565715",
language = "English (US)",
journal = "Critical Review of International Social and Political Philosophy (CRISPP)",
issn = "1369-8230",
publisher = "Routledge",

}

TY - JOUR

T1 - The arbitrary circumscription of the jurisdiction of the international criminal court

AU - Christiano, Thomas D

PY - 2019/1/1

Y1 - 2019/1/1

N2 - As it is currently legally constituted, the International Criminal Court has no jurisdiction over the world’s most important military powers–United States, China and Russia-for the most serious crimes that can be committed in the international system (unless their members commit the crimes on the territory of a state that has ratified the ICC). It is hard to see the restricted jurisdiction of the International Criminal Court as anything other than the bald placing of the most powerful members of the international political community above the law while the rest of the community remains subject to it. At the same time, one essential element of the legitimacy of the International Criminal Court is that it is founded on state consent. But this does not get the International Criminal Court entirely off the hook. I will argue that the circumscription of the jurisdiction of the court is arbitrary and in violation of fundamental norms of justice and that this threatens the legitimacy of the Court. We are facing a legitimacy dilemma between the need for state participation in the creation of international law and the requirements of the rule of law.

AB - As it is currently legally constituted, the International Criminal Court has no jurisdiction over the world’s most important military powers–United States, China and Russia-for the most serious crimes that can be committed in the international system (unless their members commit the crimes on the territory of a state that has ratified the ICC). It is hard to see the restricted jurisdiction of the International Criminal Court as anything other than the bald placing of the most powerful members of the international political community above the law while the rest of the community remains subject to it. At the same time, one essential element of the legitimacy of the International Criminal Court is that it is founded on state consent. But this does not get the International Criminal Court entirely off the hook. I will argue that the circumscription of the jurisdiction of the court is arbitrary and in violation of fundamental norms of justice and that this threatens the legitimacy of the Court. We are facing a legitimacy dilemma between the need for state participation in the creation of international law and the requirements of the rule of law.

KW - Criminal courts

KW - equality

KW - international institutions

KW - jurisdiction

KW - justice

KW - legitimacy

KW - punishment

KW - rule of law

KW - state consent

UR - http://www.scopus.com/inward/record.url?scp=85060043523&partnerID=8YFLogxK

UR - http://www.scopus.com/inward/citedby.url?scp=85060043523&partnerID=8YFLogxK

U2 - 10.1080/13698230.2019.1565715

DO - 10.1080/13698230.2019.1565715

M3 - Article

JO - Critical Review of International Social and Political Philosophy (CRISPP)

JF - Critical Review of International Social and Political Philosophy (CRISPP)

SN - 1369-8230

ER -