International Criminal Law vs State Sovereignty

Another Round

Bibliographic Data

ID12198029
AuthorsRobert Cryer (University of Nottingham, corresponding author)
Year2005
Volume16
Issue5
Pages979-1000
Publication date2005-11-01
Open AccessYes
TypeARTICLE
VenueEuropean Journal of International Law (JOURNAL)
Journal identifiersISSN: 0938-5428 • E-ISSN: 1464-3596
PublisherOxford University Press (OUP) (PUBLISHER)
DOI10.1093/ejil/chi156
OpenAlexW2064159266
LanguageEN
Citations received7
References cited2

This is a review of five recent works which deal with international criminal law. By an analysis of those works, the essay queries whether the relationship between international criminal law and state sovereignty is always accurately conceptualized. International criminal lawyers often see sovereignty as the enemy of international criminal law, though frequently failing to discuss in any depth the nature and malleability of sovereignty. Although international criminal law does involve some challenges to sovereignty, it also needs, and in some ways empowers, that sovereignty too. The works under review tend to pay less attention to the substantive aspects of international criminal law than its institutional part. This is unfortunate, as some of the most interesting interactions between international criminal law and sovereignty occur at this level. The essay finishes with some broader reflections on how the works under review conceptualize the international legal order, regrets the absence at times of engagement with relevant constructivist scholarship but notes that the answer to the question of the precise relationship between international criminal law and sovereignty is unlikely to be agreed upon soon

Criminal law · International law · Political science · Public international law · Scholarship · Sociology · Sovereignty · State (computer science · Criminal Law and Evidence · European Criminal Justice and Data Protection · International Law and Human Rights · Law

Tools

Open DOISci-HubOpen Access