Eric K. Leonard - The Onset of Global Governance: International Relations Theory and the International Criminal Court

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THE ONSET OF GLOBAL GOVERNANCE

Dedicated to the memory of my mother, Claire K. Leonard

The Onset of Global Governance

International Relations Theory and the International Criminal Court

ERIC K. LEONARD

Shenandoah University, USA

First published 2005 by Ashgate Publishing

Published 2016 by Routledge

2 Park Square, Milton Park, Abingdon, Oxon OX14 4RN

711 Third Avenue, New York, NY 10017, USA

Routledge is an imprint of the Taylor & Francis Group, an informa business

Copyright 2005 Eric K. Leonard

Eric K. Leonard has asserted his right under the Copyright, Designs and Patents Act, 1988, to be identified as the author of this work.

All rights reserved. No part of this book may be reprinted or reproduced or utilised in any form or by any electronic, mechanical, or other means, now known or hereafter invented, including photocopying and recording, or in any information storage or retrieval system, without permission in writing from the publishers.

Notice:
Product or corporate names may be trademarks or registered trademarks, and are used only for identification and explanation without intent to infringe .

British Library Cataloguing in Publication Data

Leonard, Eric K.

The onset of global governance : international relations theory and the International Criminal Court

1.International Criminal Court 2.International relations - Philosophy 3.Humanitarian law 4.Globalization - Social aspects

I.Title

327.101

Library of Congress Cataloging-in-Publication Data

Leonard, Eric K.

The onset of global governance : international relations theory and the International Criminal Court / by Eric K. Leonard.

p. cm.

Includes bibliographical references and index.

ISBN 0-7546-4531-2

1. International Criminal Court--History. 2. International criminal courts--History. 3. International relations. 4. World organization. I. Title.

KZ6311.L46 2005

345.01--dc22

2005018435

ISBN 9780754645313 (hbk)

Contents

This text owes a great deal to the criticism and suggestions of the many individuals who read earlier drafts. I would like to thank Yale Ferguson, Kenneth Campbell, and Mark Huddleston for their insightful comments and scathing criticism. I would especially like to thank James Oliver and Kurt Burch for both their professional expertise and personal friendship. Their intellectual guidance, patience, and encouragement helped me shape this text and continue on the correct path until its completion. To them I owe a great debt and eternal gratitude. I would also like to thank Mary McGlynn, Cindy Waksmonski, and Ramona Wilson. Not only did they supply me with the technical advice necessary to complete this project, but their constant words of encouragement and enduring guidance kept me on track and progressing towards my goal. Finally, I would like to thank all of my students at Shenandoah University and the University of Delaware. Your intellectual curiosity is infectious and for that I am forever grateful.

In addition, I would like to thank my family, who provided me with the emotional support system necessary to complete such a lengthy and arduous endeavor. First I would like to thank my in-laws, Rose Ann and Anthony Mennella, for believing in my ability and always holding out hope for the best. The support you provided me was immeasurable. A resounding thank you goes to my father, Edward Leonard, and my stepmother, Marie Hoffmann. They believed in me when no one else did and it was their encouragement that resulted in me going back to school and pursuing a career in academia. Thank you for the unending support and faith in my ability. Thank you also to my three young children Nicolas, Stefani, and Mathieu. Your unending supply of hugs and tireless laughter were a greater benefit then you could ever imagine. Finally, I owe the largest amount of gratitude to my wife, Lisa Marie Mennella. Her love, support, extensive patience, and companionship have made this long road not only bearable, but also delightful. She has made the long days and sleepless nights worthwhile. Without her by my side I would never have been able to accomplish all that I have.

This manuscript is dedicated to the memory of my mother, Claire K. Leonard, who taught me that with hard work and perseverance I could accomplish anything. Thank you for everything. You are always in my thoughts.

CICC	Coalition for the International Criminal Court
IASC	United Nations Inter-Agency Standing Committee
ICC	International Criminal Court
ICJ	International Court of Justice
ICRC	International Committee of the Red Cross
ICTR	International Criminal Tribunal for Rwanda
ICTY	International Criminal Tribunal for the former Yugoslavia
IFOR	Humanitarian Intervention Force for the former Yugoslavia
IGO	International Governmental Organization
ILC	International Law Commission
IMT	International Military Tribunal
IMTFE	International Military Tribunal for the Far East
MNC	Multinational Corporation
NATO	North Atlantic Treaty Organization
NGO	Non-Governmental Organization
NLI	Neoliberal Institutionalism
P-2	China and the United States
P-5	United Nations Permanent Security Council Members
PrepCom	Preparatory Committee for the Establishment of an ICC
SOA	Spheres of Authority
SOFA	Status of Forces Agreements
TAN	Transnational Advocacy Network
TNC	Transnational Corporation
UN	United Nations
UNGA	United Nations General Assembly
UNSC	United Nations Security Council
US	United States of America
WTO	World Trade Organization

Chapter 1
The Need for Analysis

Trials never end, of course. Unhappiness and misfortune are bound to occur as long as people live, but there is a feeling now, that was not here before, and is not just on the surface of things, but penetrates all the way through: Weve won it. Its going to get better now. You can sort of tell these things.

Robert M. Pirsig1

Introduction

In his 1993 article, Stephen Krasner, reflecting a mainstream neorealist understanding of international relations, asserts that the confrontation between state sovereignty and human rights makes the formation of a viable human rights regime unlikely. According to Krasner, States have been reluctant to accuse other states of human rights violations because of the danger that their own sovereign control would be undermined.2

As a result of this statement, one could presume that Krasner regards the establishment of a permanent international criminal court as problematic, subject to manipulation by certain states, and simply an implausible solution to violations of humanitarian law. According to Krasner, nation-states will not relinquish their sovereignty to a transnational court and in regards to the issue of humanitarian law states will continue to set the agenda. From this perspective, the establishment of a permanent international human rights regime is unlikely because it challenges the core constitutive principle of the global systemthat is state sovereignty.

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