International Criminal Law & Its Paradoxes: Implications for Institutions and Practice
Research output: Contribution to journal › Journal article › Research › peer-review
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International Criminal Law & Its Paradoxes : Implications for Institutions and Practice. / Carlson, Kerstin Bree.
In: Journal of Law and Courts, Vol. 5, No. 1, 2017, p. 33-55.Research output: Contribution to journal › Journal article › Research › peer-review
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TY - JOUR
T1 - International Criminal Law & Its Paradoxes
T2 - Implications for Institutions and Practice
AU - Carlson, Kerstin Bree
PY - 2017
Y1 - 2017
N2 - This article challenges international criminal tribunals' (ICTs) capacity to perform thesocially constitutive work of transitional justice. Highlighting paradigmatic ICTjurisprudence, it shows both the "progress" and "justice" constructs central to the workand legitimacy of international criminal law are unrealizable under current ICT practice. This is due to international criminal law's foundational, legitimizing basis in natural law, rather than political liberalism. The article calls for a revision of ICT institutional accountability structures.
AB - This article challenges international criminal tribunals' (ICTs) capacity to perform thesocially constitutive work of transitional justice. Highlighting paradigmatic ICTjurisprudence, it shows both the "progress" and "justice" constructs central to the workand legitimacy of international criminal law are unrealizable under current ICT practice. This is due to international criminal law's foundational, legitimizing basis in natural law, rather than political liberalism. The article calls for a revision of ICT institutional accountability structures.
M3 - Journal article
VL - 5
SP - 33
EP - 55
JO - Journal of Law and Courts
JF - Journal of Law and Courts
SN - 2164-6570
IS - 1
ER -
ID: 170344952