Global Justice or Global Revenge? International edition 2003

Global Justice or Global Revenge? Turkish edition 2005

Global Justice or Global Revenge? Indian edition 2005

Global Justice or Global Revenge? International Criminal Justice at the Crossroads (2003) is a book by Austrian philosopher Hans Köchler, who was appointed by the United Nations as observer of the Lockerbie bombing trial in the Netherlands (2000-2002). Hans Köchler (born October 18 1948 in Schwaz, Tyrol, Austria) is Full Professor of Philosophy and Chairman The United Nations ( UN) is an International organization whose stated aims are to facilitate cooperation in International law, International security The Pan Am Flight 103 bombing trial began on May 3, 2000, which was 11 years four months and 13 days after the blowing up of Pan Am Flight 103 on Turkish and Indian editions of the book were published in 2005.

The book deals with the evolving concept of universal jurisdiction, with the doctrine of humanitarian intervention, legal questions of international terrorism, and addresses the question as to whether international criminal justice can at all be practiced in the absence of a global balance of power. Universal jurisdiction or universality principle is a controversial principle in International law whereby States claim criminal Jurisdiction Humanitarian intervention refers to armed interference in one state by another state(s with the stated objective of ending or reducing suffering within the first state Terrorism is the systematic use of terror especially as a means of coercion International criminal law is an autonomous branch of Law which deals with International crimes and the courts and tribunals set up to adjudicate cases in which persons The book analyzes the various international criminal courts since Nuremberg and provides a critical assessment of the prospects of the International Criminal Court. The International Criminal Court ( ICC or ICCt) was established in 2002 as a permanent tribunal to prosecute individuals for Genocide, crimes against It challenges the assumption of established legal theory according to which the normative framework of criminal justice can be abstracted from actual power relations and offers elements of a new doctrine on the "dialectical relationship" between power and law. Criminal justice is the system of practices and organizations used by national and local governments directed at maintaining Social control, deterring In classical Philosophy, dialectic (διαλεκτική is controversy the exchange of arguments and counter-arguments respectively advocating Propositions Political power ( Imperium in Latin is a type of power held by a group in a Society which allows administration of some or all of Law is a system of rules enforced through a set of Institutions used as an instrument to underpin civil obedience politics economics and society

Quote from the author

The gradual assertion of the International Criminal Court's authority will be the test case for the separation of powers, which is the indispensable requirement of the rule of law, whether at the national or international level. Separation of powers, a term ascribed to French Enlightenment Political philosopher Baron de Montesquieu, is a model for the Governance Only a fully independent international court will guarantee that a system of global justice, associated with universal jurisdiction, will not turn into a system of global revenge where political interests, not the principles of impartiality and fairness, determine the practice of international criminal law. Global justice is an issue in Political philosophy arising from the concern that "we do not live in a just world Universal jurisdiction or universality principle is a controversial principle in International law whereby States claim criminal Jurisdiction Impartiality is a principle of Justice holding that decisions should be based on objective criteria, rather than on the basis of Bias, Prejudice International criminal law is an autonomous branch of Law which deals with International crimes and the courts and tribunals set up to adjudicate cases in which persons

Contents

I. The Developing Idea and Practice of International Criminal Justice in the Context of State Sovereignty and Individual Responsibility

• 1. Preliminary remarks
• 2. The rationale of universal jurisdiction
• 3. The dilemma of international criminal justice in the framework of state-centered international law: The question of enforcement
• 4. Efforts towards international criminal justice since the 19th century
• 5. The primary avenues of international criminal justice: A critical appraisal
• 6. Problems of the application of universal jurisdiction by the ICC under the conditions of a unipolar world order

II. Humanitarian Intervention in the Context of Modern Power Politics

• 1. The concept of humanitarian intervention and its historical background
• 2. The development of international law and the prohibition of the use of force in the 20th century
• 3. The revival of interventionism in the new imperial order of the 21st century
• 4. The doctrine of humanitarian intervention and the de facto reintroduction of the jus ad bellum
• 5. The renaissance of power politics in humanitarian clothes – The end of international law?

III. The United Nations, the International Rule of Law and Terrorism

• 1. The United Nations Organization in the global power constellation
• 2. Obstacles to the enforcement of the international rule of law in a unipolar power structure
• 3. The dilemma faced by the United Nations in the fight against terrorism
• 4. The history of United Nations codification efforts and measures against terrorism
• 5. The way out of the dilemma: Comprehensive definition of terrorism by means of integration into existing instruments of international humanitarian law and international criminal law
• 6. The conditions for a consistent anti-terrorist policy of the United Nations

IV. Annex

• 1. Memorandum on the indictments by the International Criminal Tribunal for the former Yugoslavia (1999)
• 2. International criminal justice and power politics: The Lockerbie case (UN observer reports)
• 3. The Baku Declaration on Global Dialogue and Peaceful Co-Existence Among Nations and the Threats Posed by International Terrorism (2001)

Publishers' web sites

• International edition
• Indian edition
• Turkish edition

Reviews

• Frontline. India's National Magazine
• Cumhuriyet, Turkey (Turkish)
• The Hindu
• A vade mecum in international criminal justice (published by the International Progress Organization, of which the author of this book is president)

Further reading

• Hans Köchler, Law and Politics in the Global Order: Problems and Pitfalls of Universal Jurisdiction. Lecture, New Delhi, December 2005
• Hans Köchler, "Universal Jurisdiction and International Power Politics: Ideal versus Real", in: Yeditepe'de Felsefe / Philosophy at Yeditepe, Vol. The International Progress Organization (IPO is a Vienna -based Think tank dealing with world affairs Hans Köchler (born October 18 1948 in Schwaz, Tyrol, Austria) is Full Professor of Philosophy and Chairman 1, No. 5 (August 2006), pp. 1-16.
• Hans Köchler, Can the Exercise of Universal Jurisdiction be Regionalized? (2006)

See also

• Hans Köchler
• Hans Köchler's Lockerbie trial observer mission
• Hans Köchler Bibliography and Reader