The Politics of Constructing the International Criminal Court: NGOs, Discourse, and Agency

Hardcover | April 15, 2008

byMichael J. Struett

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The book analyzes the political process that led to the establishment of the International Criminal Court (ICC).  It argues that non-governmental organizations (NGOs) played an important role in shaping key provisions in the Court’s statute and in achieving early ratification of the ICC Statute.  NGOs were able to achieve this result through their use of principled, communicatively rational argument.  Thus in addition to accounting for the particular outcome of the ICC negotiations, the book also makes a contribution to our theoretical understandings of the ways that NGO discourse can transform the process of policy formation in world politics.

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The book analyzes the political process that led to the establishment of the International Criminal Court (ICC).  It argues that non-governmental organizations (NGOs) played an important role in shaping key provisions in the Court’s statute and in achieving early ratification of the ICC Statute.  NGOs were able to achieve this result t...

Michael J. Struett is an Assistant Professor of Political Science in the School of Public and International Affairs at North Carolina State University.  He studied at the University of California, Irvine, George Washington University, and the University of California, Berkeley.  His research focuses on the evolution of institutions of...

other books by Michael J. Struett

Format:HardcoverDimensions:240 pages, 9.57 × 6.38 × 0.74 inPublished:April 15, 2008Publisher:Palgrave MacmillanLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0230604579

ISBN - 13:9780230604575

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Table of Contents

The Meaning of the International Criminal Court * Norm Contestation in World Politics: Civil Society, States, and Discourse * Discursive Limits: The Failure to Establish an International Criminal Court: 1946-1954 *Context: An Opening for an ICC 1989-1994 * Negotiations: NGOs Shape Terms of the ICC Debate 1995-1998 * Building the Rome Statute: 1998 * Principled Discourse and the Drive for Ratification: 1998-2002 * The Legitimacy of the International Criminal Court * Construction Continues

Editorial Reviews

“Michael Struett has written an invaluable assessment of the origins of the International Criminal Court (ICC), one of the most dramatic international legal and institutional innovations of recent times. Struett has placed his finger on an intriguing puzzle:  in a world in which sovereign states are presumed to hold all meaningful power, how did non-state actors manage to play such a central role in the creation of the ICC?  Struett answers that question in an innovative way.  The result is a book that will be indispensable to anyone seeking to understand the birth of the International Criminal Court specifically and the construction of international norms and institutions in general.”--Wayne Sandholtz, Professor of Political Science, University of California, Irvine "The strength of Struett's work is the independent variable, namely non-governmental organizations (NGOs).  Most assessments of the ICC either fail to take into account the important role that NGOs played in the courts creation or only make passing reference to them. This book places NGOs at center stage, explaining the Statute's drafting and its entry into force through an assessment of the role of non-governmental organizations.”--Jeffrey S. Morton, Professor of International Law & Politics, Florida Atlantic University