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Chapter

Cover The Politics of International Law

13. International criminal justice  

From Nuremberg to the International Criminal Court

This chapter assesses whether international politics can be conducted in the courtroom. It begins with an analysis of the post-Second World War Nuremberg tribunal. While flawed in many ways, these proceedings marked a significant change in thinking about international crimes and individual responsibility. Though the onset of the Cold War prevented the translation of the Nuremberg legacy into more permanent, treaty-based international institutions, the ideas Nuremberg incubated were to have a lasting impact on international law. As in so many other areas of international law and international politics, the end of the Cold War was a watershed. The 1990s saw the revival of ad hoc international criminal tribunals, most notably the International Criminal Tribunal for Yugoslavia and the International Criminal Tribunal for Rwanda. The chapter then examines the International Criminal Court, which is, in many ways, the culmination of efforts to institutionalize international criminal justice.

Chapter

Cover Human Rights: Politics and Practice

9. Global Civil Society and Human Rights  

Marlies Glasius and Doutje Lettinga

This chapter examines the relationship between global civil society (GCS), defined as ‘people organizing to influence their world’, and the normative ideal of a ‘global rule-bound society’. It first explains the concept of GCS before discussing some of the GCS actors involved in human rights issues, with a particular focus on their background, methods, and influence. It then decribes three kinds of activities of individuals and organizations in civil society in relation to human rights corresponding to three different phases: shifting norms, making law, and monitoring implementation. These activities are illustrated with two case studies: norm-shifting activities in relation to economic and social rights, and lawmaking and monitoring activities in relation to the International Criminal Court.

Chapter

Cover Contemporary Security Studies

10. Human Security  

Randolph B. Persaud

This chapter examines the concept of human security. It does so in descriptive, analytical, and empirical terms, drawing on both the scholarly and policy-relevant literatures. The chapter describes the development of human security, with references to the academic literature where necessary. Accordingly, the emergence, contribution, and impact of the most important drivers of human security, especially in institutional terms, are examined. These include the 1994 UNDP Human Development Report (HDR), the Commission for Human Security, the International Commission on Intervention and State Sovereignty, the Millennium Development Goals, and the International Criminal Court. The chapter takes up a recurring question about the newness of human security by looking at its intellectual and institutional genealogy. The chapter provides a detailed overview of the most trenchant critiques of human security. These critiques are placed into the following categories—too broad to be useful; national interest and co-optation; reformist tool of global capitalism; and neo-colonialism.

Chapter

Cover Foreign Policy

15. Canada and antipersonnel landmines  

The case for human security as a foreign policy priority

Lloyd Axworthy

This chapter examines the impact of the Ottawa Process on the use of antipersonnel landmines as well as its significance to foreign policy analysis. The Ottawa Process led to the signing of an international treaty to ban the use and trading of landmines in 1997. It also contributed to the concept of human security and the emerging global principle of responsibility to protect. The chapter first considers the dynamic between governments and non-governmental organizations (NGOs) leading up to the launch of the Ottawa Process before discussing how middle power countries worked with NGOs and used soft power diplomacy to achieve a ban on landmines. It also explores the utility of the Ottawa Process as a model for recent international efforts, including the Commission on Intervention and State Sovereignty, the establishment of the International Criminal Court, and the treaties on cluster munitions and the trade in small arms.