Publication Type

Journal Article

Publication Date

1-2014

Abstract

The International Criminal Court argues that there is a need to achieve universal ratification so that the majority of mankind will no longer remain outside the protection of the ICC. In the Asia/Pacific region there is a relatively low accession rate of nation states to the Rome Statute. This paper proposes a taxonomy of resistance to ratification in the region, recognising that in speculating on the reasons for resistance to the ratification of international criminal justice, local to the global across Asia and the Pacific, there is a risk in both over emphasising cultural and political difference while at the same time seeking universal themes at the expense of real jurisdictional peculiarities. Once this taxonomy is roughed out, then the paper in part meets the paradox that in Africa and South America, where similar features of possible resistance exist, the ratification process has been much more widespread. Why is this so?

Keywords

International criminal court, ratification, Asia Pacific, resistance to engagement

Discipline

Asian Studies | Courts | Criminal Law

Research Areas

Law, Society and Governance

Publication

Cambodian Law and Policy Journal

Volume

1

First Page

75

Last Page

95

Copyright Owner and License

Author

Creative Commons License

Creative Commons Attribution-Noncommercial-No Derivative Works 4.0 License
This work is licensed under a Creative Commons Attribution-Noncommercial-No Derivative Works 4.0 License.

Additional URL

http://cambodialpj.org/issue/volume-1-january-2014/

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