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  1. The Bête Noire and the Noble Lie: The International Criminal Court and (the Disavowal of) Politics.Christof Royer - 2019 - Criminal Law and Philosophy 13 (2):225-246.
    For the traditional legalistic discourse on the International Criminal Court, “politics” is a bête noire that compromises the independence of the Court and thus needs to be avoided and overcome. In response to this legalistic approach, a burgeoning body of literature insists that the Court does not exist and operate “beyond politics”, arguing that the ICC is an institution where law and politics are intimately connected. The present article seeks to contribute to this “non-traditional” literature by addressing two of its (...)
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  • Impunity and Hope.Tony Reeves - 2019 - Ratio Juris 32 (4):415-438.
    Is there a duty to prosecute grave international crimes? Many have thought so, even if they recognize the obligation to be defeasible. However, the theoretical literature frequently leaves the grounds for such a duty inadequately specified, or unsystematically amalgamated, leaving it unclear which considerations should drive and shape processes of criminal accountability. Further, the circumstance leaves calls to end impunity vulnerable to skeptical worries concerning the risks and costs of punishing perpetrators. I argue that a qualified duty to prosecute can (...)
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