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“Tribunais Penais Internacionais”
INTERNATIONAL LAW AND POLITICS: INTERNATIONAL CRIMINAL COURTS AND JUDGMENTES THE CASE OF THE SPECIAL TRIBUNAL FOR LEBANON. GONZAGA JOURNAL OF INTERNATIONAL LAW
Everywhere, politics and law intertwine. Not only is that fact obvious, but its reality is a necessary one; there is no escape from this close relationship. The ways in which politics and law interact impacts the quality of the legal system operating in any given society. The quality of a legal system is also dependent on the system’s internal structure and operation. The assessment of this quality is the central element of the notion of Rule of Law.This article will undertake an examination of the emergence of international criminal Tribunals, and other traits of the international criminal law regime, as problematic instances of political considerations eclipsing legal tools or institutions. This phenomenon is possible both because of the internal characteristics of international law, and because of the dynamics of international politics. In any case, the result affects the potential and the impact of Rule of Law in international law. Section I will briefly discuss the possibility and the appropriateness of establishing a relationship between the notion of Rule of Law and international law. Section II will overview a general assessment of the political choices made in relation to the creation and functioning of international Tribunals. Finally, Section III will present a closer look at the case of the Special Tribunal for Lebanon.
15/05/2012
