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Limits of law in ending impunity for state crime : time to re-frame the International Criminal Court's Mandate?
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Kyneswood, Natalie (2019) Limits of law in ending impunity for state crime : time to re-frame the International Criminal Court's Mandate? State Crime Journal, 8 (2). pp. 219-240. doi:10.13169/statecrime.8.2.0219 ISSN 2046-6056.
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Official URL: http://dx.doi.org/10.13169/statecrime.8.2.0219
Abstract
Adopting a definition of state crime as deviance, rather than international crime committed by states, this article critically evaluates the limits of law and the efficacy of the Rome Statute in delivering the International Criminal Court's mandate. It suggests that the replication of domestic criminal justice responses – crime defined by the state, an emphasis on individual culpability, reliance on deterrence and the rule of law – is unsuitable for conceiving and tackling state criminality at a supranational level. States may evade the jurisdiction of the Court and exploit delays caused by the Court's formal rules of procedure and evidence. They may also depend on the non-cooperation of state parties to bring perpetrators to justice and the lack of political unity within the United Nations Security Council. With increasing resort to domestic courts and national agencies to close the impunity gap, it is timely to revisit the Court's mandate, to clarify its function as a supranational regulator in respect of a limited range of offences, rather than the decisive method of ending impunity for state crime that some have claimed and for which others had hoped.
| Item Type: | Journal Article | ||||||
|---|---|---|---|---|---|---|---|
| Subjects: | J Political Science > JX International law J Political Science > JZ International relations K Law [Moys] > KC International Law |
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| Divisions: | Faculty of Social Sciences > School of Law | ||||||
| Journal or Publication Title: | State Crime Journal | ||||||
| Publisher: | Pluto Journal | ||||||
| ISSN: | 2046-6056 | ||||||
| Official Date: | 2019 | ||||||
| Dates: |
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| Volume: | 8 | ||||||
| Number: | 2 | ||||||
| Page Range: | pp. 219-240 | ||||||
| DOI: | 10.13169/statecrime.8.2.0219 | ||||||
| Status: | Peer Reviewed | ||||||
| Publication Status: | Published | ||||||
| Access rights to Published version: | Restricted or Subscription Access |
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