More than 10 years ago the International Criminal Court entered into force. It was designed to be a model of a global governing of human rights. Trying to set universal
standards for the jurisdiction of human rights, it is the first time in human history, that serious human rights violations such as genocide, crimes against humanity, war crimes, and the crime of aggression can be judged in a court of law. The thesis will argue, that the ICC therefore presents a milestone on the realization of international human rights. However, the ICC has to face many obstacles, most prominently the opposition by several UN member states, who refuse to accede the Court. The thesis will illuminate this development with the help of some cosmopolitan approaches.
The focus will be on the progress of universal human rights over the last centuries with the remarkable climax of the Universal Declaration of Human Rights, which also laid the roots for the later foundation of the ICC. In chapter 3 this thesis will broach the issue of the obstacles regarding the realization of human rights. As mentioned above, a major opposition still stems from the nation states, who are partly still stuck on a realist view of the international system. Out of fear, that they might lose
sovereignty, they prefer to follow their national interest instead of putting universal human rights into practice. To explicate this behavior of nation states, I have consulted the article „In the national interest“, published by Allen Buchanan in 2005. He reflects on the observation that human rights are in practice in most of all cases incompatible with the national interest of a nation state. Although the majority of all states will commit themselves on paper to the noble goal of human rights promotion, in reality their foreign policy will quite often display quite the opposite. As a reply, I will argue with the help of David Held, that a cosmoplitan answer to overcome these obstacles is possible by creating common institutions as a new layer of legal competence to which people can transfer public powers. To illustrate these considerations I will then discuss the International Criminal Court, as an example of such a cosmopolitan institution.
Inhaltsverzeichnis (Table of Contents)
- Introduction
- The Idea of Human Rights
- Historical Evolution and Pioneers of the Concept „Human Rights“
- Human Rights Today
- Difficulties Regarding the Realization of Universal Human Rights
- National Interests Opposing Human Rights
- A Cosmopolitan Approach to Dissolve National Opposition
- The International Criminal Court
- History of the ICC
- Structure and Principles
- National Interest in Opposition to Participation in the ICC
- Resentment in Africa
- Resentment in Asia
- Resentment in America
Zielsetzung und Themenschwerpunkte (Objectives and Key Themes)
This thesis aims to explore the International Criminal Court (ICC) as a means to realize universal human rights. It argues that the ICC represents a significant milestone in the pursuit of international human rights despite facing various obstacles, particularly opposition from certain UN member states. The thesis analyzes these obstacles through the lens of cosmopolitan approaches.
- The historical evolution and development of the concept of human rights
- The challenges of achieving universal human rights in the face of national interests
- The role of cosmopolitanism in overcoming national opposition to human rights
- The International Criminal Court as a cosmopolitan institution
- The impact of national interests on the ICC's effectiveness
Zusammenfassung der Kapitel (Chapter Summaries)
The introduction provides an overview of the thesis's argument, highlighting the significance of the ICC in promoting human rights while acknowledging the challenges posed by national opposition. Chapter 2 delves into the historical evolution of the concept of human rights, tracing its roots from ancient civilizations to the modern era. It examines the contributions of various thinkers and movements in shaping our understanding of human rights. Chapter 3 explores the difficulties in realizing universal human rights, focusing on the conflict between national interests and human rights principles. It examines how nation states often prioritize their own interests over the promotion of universal human rights. Chapter 4 introduces the International Criminal Court, outlining its history, structure, and principles. It discusses the ICC as a cosmopolitan institution aiming to establish a global framework for human rights protection. Chapter 5 investigates the national opposition to the ICC, analyzing the motivations behind the reluctance of certain states to accede to the Court. It examines the specific concerns raised by states in Africa, Asia, and America.
Schlüsselwörter (Keywords)
This thesis focuses on the intersection of human rights, international law, and international relations. Key terms include universal human rights, national interest, cosmopolitanism, International Criminal Court (ICC), sovereignty, and state opposition.
- Quote paper
- Ronja Maus (Author), 2015, The International Criminal Court as a Means to Realize Universal Human Rights, Munich, GRIN Verlag, https://www.grin.com/document/354820
