Overcoming Statism from Within: The International Criminal Court and the Westphalian System

Critical Horizons 17 (1):53-65 (2016)
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Abstract

This paper argues that cosmopolitan law has been more successfully achieved not by appeal to a supra-state authority or community, but by the development of features of existing treaty law. Specifically, it shows how the International Criminal Court's jurisdiction over serious human rights violations has been extended to the citizens and territories of non-member states – and even to otherwise immune state officials – not by challenging the sovereignty of non-member states directly, but on the basis of member states’ own territorial sovereignty and the universal jurisdiction which they delegate to the Court and to the United Nations Security Council. In light of this, the authors argue that cosmopolitanism is better conceived not as invoking an independent sense of global community that supersedes and constrains state sovereignty, but as an immanent, contingent and creative development of statist criminal law itself, rooted in its principles of state sovereignty

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Kevin Gray
Université Laval

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References found in this work

The Problem of Global Justice.Thomas Nagel - 2005 - Philosophy and Public Affairs 33 (2):113-147.
The Law of Peoples.John Rawls - 2001 - Philosophical Quarterly 51 (203):246-253.
Perpetual Peace.IMMANUEL KANT - 1940 - Philosophical Review 49:380.
Cosmopolitan Democracy: Paths and Agents.Daniele Archibugi & David Held - 2011 - Ethics and International Affairs 25 (4):433-461.
Kant’s Theory of Cosmopolitanism and Hegel’s Critique.Robert Fine - 2003 - Philosophy and Social Criticism 29 (6):609-630.

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