Posted by Howard S. Schiffman on September 14, 2002 at 21:59:54:
In Reply to: Judicialization of politics posted by Julia on September 14, 2002 at 15:54:52:
Dear Julia, Thank you for posting on the InternationalLawHelp.com Forum. I must say, I haven't heard that term but I think I understand the thought it conveys. I also think the converse of that statement is true as well -- that is, the politicization of law in the international arena.
Regarding the meaning you inquire about, one can see it in acts like "military tribunals" to try suspected terrorists and the question of what types of cases the new International Criminal Court (ICC) will have jurisdiction over. Here, many political disputes and political questions have manifested themselves in primarily legal, that is judicial, processes. Let's consider the example of whether the US should become a party to the ICC (which has already been discussed here on the Forum). The US objection, and I suggest quite understandably, is that cases brought against its nationals will be politically motivated and vindictive. Such prosecutions will be brought by states that have a political score to settle with the US. A prosecutor's decision to bring a case might be informed more by political concerns than legal factors. This to me is the judicialization of politics.
The opposite is no less true; the politicization of law. Take the case of the recent request by President Bush to the United Nations to act against Iraq or risk losing its legitimacy. The legal capacity of the UN Security Council to pass binding resolutions and take enforcement action under Chapter VII of the UN Charter has been tweaked by international politics. Of course, this is how it goes and is frankly quite normal in the worlds of international law and international affairs. These two areas, law and politics, are intimately intertwined on the international level. For whatever limitations it may impose, I personally find it is part of what makes this field so very stimulating!
Please feel free to post any follow-ups.
Sincerely,
Howard S. Schiffman, Esq.
Co-Founder and Administrator
InternationalLawHelp.com
: Hi!
: Lately I've heard this term 'judicialization of politics'. Could you please explain what does it mean?
: Thanks in advance.
: Julia