Thomas Obel Hansen, ‘the International Criminal Court and the Legitimacy of Exercise, in Per Andersen et al. (eds.) Law and Legitimacy, (Denmark: DJOEF Publishers, 2004)
By Thomas Obel Hansen
Reviewed By Hassan Khamis
In ‘The International Criminal Court and the Legitimacy of Exercise,’ Thomas Obel Hansen sets out to analyse the legitimacy vis-à-vis how the International Criminal Court (ICC) conducts its mandate. He discusses challenges faced by ICC in executing its duties by what he terms as ‘accommodating real politik’ and what he calls ‘promoting justice policies’; and in doing so, Hansen provides is arguments as bellow.
He argues that the ICC has found itself between a rock and a hard place. It is torn between exercising its core legal …show more content…
He also says since the powers of ICC are conferred by state parties, it is incumbent upon the states to comply and also recognize the powers of ICC without exception.
The writer says the historical clash between clash of interests between the Judiciary and the executive is affecting how ICC exercises its duties. The states and the ICC don’t see eye to eye, well at least this applies to the most part of Third World countries. For the case Africa, the African Union (AU) is backing the withdrawal from the ICC and the Rome statute in a crusade initiated by the government of Kenya.2
Hansen seemed sympathetic of the ICC. He argues that although the court has been efficient at making decisions, it nevertheless relies on member states to enforce such pronouncements. Where member states fail to cooperate in effecting arrest warrants like is the case with Al Bashir and the leaders of Uganda’s Lord’s Resistance Army, the writer beggars the reader to ‘just understand’ the circumstances the ICC is working in. …show more content…
If they got compromised once, then it is imperative to say it can be compromised again. This is what Hansen shied away from saying.
In quoting scholars and experts in the subject, this paper goes a long way in adding value to the subject of the International Law. The content and references quoted throughout the text make this work valuable.
Hansen’s style of writing is a little bit technical with too much legalese. This would make it a little bit hard for the average reader to comprehend. Some sentences are very long and this could be a challenge to even an ordinary reader to keep track.
The writer employs the framework of International Relations theories. These are wide theories that help the reader relate this work with real time and changing trends of global politics.
In conclusion, although Hansen left many unanswered questions, especially in regard to African leaders, this article is well balanced and explains challenges that are faced by the International Criminal Court in exercising its
By Thomas Obel Hansen
Reviewed By Hassan Khamis
In ‘The International Criminal Court and the Legitimacy of Exercise,’ Thomas Obel Hansen sets out to analyse the legitimacy vis-à-vis how the International Criminal Court (ICC) conducts its mandate. He discusses challenges faced by ICC in executing its duties by what he terms as ‘accommodating real politik’ and what he calls ‘promoting justice policies’; and in doing so, Hansen provides is arguments as bellow.
He argues that the ICC has found itself between a rock and a hard place. It is torn between exercising its core legal …show more content…
He also says since the powers of ICC are conferred by state parties, it is incumbent upon the states to comply and also recognize the powers of ICC without exception.
The writer says the historical clash between clash of interests between the Judiciary and the executive is affecting how ICC exercises its duties. The states and the ICC don’t see eye to eye, well at least this applies to the most part of Third World countries. For the case Africa, the African Union (AU) is backing the withdrawal from the ICC and the Rome statute in a crusade initiated by the government of Kenya.2
Hansen seemed sympathetic of the ICC. He argues that although the court has been efficient at making decisions, it nevertheless relies on member states to enforce such pronouncements. Where member states fail to cooperate in effecting arrest warrants like is the case with Al Bashir and the leaders of Uganda’s Lord’s Resistance Army, the writer beggars the reader to ‘just understand’ the circumstances the ICC is working in. …show more content…
If they got compromised once, then it is imperative to say it can be compromised again. This is what Hansen shied away from saying.
In quoting scholars and experts in the subject, this paper goes a long way in adding value to the subject of the International Law. The content and references quoted throughout the text make this work valuable.
Hansen’s style of writing is a little bit technical with too much legalese. This would make it a little bit hard for the average reader to comprehend. Some sentences are very long and this could be a challenge to even an ordinary reader to keep track.
The writer employs the framework of International Relations theories. These are wide theories that help the reader relate this work with real time and changing trends of global politics.
In conclusion, although Hansen left many unanswered questions, especially in regard to African leaders, this article is well balanced and explains challenges that are faced by the International Criminal Court in exercising its