Major violence (crimes) against the international community

• Autor(a) principal: Saraiva, Francisca
• Data de Publicação: 2013
• Tipo de documento: Artigo
• Idioma: eng
• Título da fonte: Repositório Científico de Acesso Aberto de Portugal (Repositórios Cientìficos)
• Texto Completo: http://hdl.handle.net/11144/564
• topic: International Criminal Court; International Law; Theory of Hegemonic Stability; Revolution in Military Affairs; Tribunal Penal Internacional; Direito Internacional; Teoria da Estabilidade Hegemónica; Revolução nos Assuntos Militares

The foundation of ICC in 1998 and the fact that its Statute entered into force in 2002 allowed the international community to provide a permanent legal mechanism to dissuade and repress extreme violent and cruel acts. However, the change in international scenario after the USSR fell apart, which led to the increase in political violence - preventative war/pre-emptive war - and the affirmation of exceptional policies, has had a considerable impact in the negotiation of the Statute and later in the definition of the crime of aggression, approved in the Kampala Conference. The great powers structured their negotiation strategies in terms of their long term interests, which are made evident in the approved texts, namely in the possibility of human rights securitization and the preference for selective multilateralism that the Statute and the Kampala declaration were not able to prevent, thus raising questions as to the basis for the Court and its future. The text advocates that this arrogance should not be understood as a manifestation of US vitality, which can question the legitimacy of the ICC. In fact, this hostility is a strategy for political survival aimed at maintaining the freedom of strategic action in a strategic scenario increasingly dynamic and demanding.