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After Secular Law$
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Winnifred Fallers Sullivan, Robert A. Yelle, and Mateo Taussig-Rubbo

Print publication date: 2011

Print ISBN-13: 9780804775366

Published to Stanford Scholarship Online: June 2013

DOI: 10.11126/stanford/9780804775366.001.0001

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Against Sovereign Impunity

Against Sovereign Impunity

The Political Theology of the International Criminal Court

(p.160) Chapter Eight Against Sovereign Impunity
After Secular Law

Bruce Rosenstock

Stanford University Press

This chapter construes the recently established International Criminal Court as the “sovereignty-less conscience of humanity.” It argues that the ICC is amenable to analysis in terms of political theology, but one that draws on John Locke rather than on Hobbes's and Schmitt's notions of the absolutist state. Although a court of final judgment, the ICC does not dispense divine punitive justice with an apocalyptic coloring. Rather, the ICC is informed by a divine restorative justice that opposes impunity. This chapter suggests that the ICC's protection of human rights represents a theologico-political determination that potentially replaces or qualifies Schmitt's absolutism.

Keywords:   ICC, political theology, absolutist state, divine restorative justice

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