International Criminal Law & Its Paradoxes: Implications for Institutions and Practice
Research output: Contribution to journal › Journal article › peer-review
This article challenges international criminal tribunals' (ICTs) capacity to perform the
socially constitutive work of transitional justice. Highlighting paradigmatic ICT
jurisprudence, it shows both the "progress" and "justice" constructs central to the work
and 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.
socially constitutive work of transitional justice. Highlighting paradigmatic ICT
jurisprudence, it shows both the "progress" and "justice" constructs central to the work
and 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.
Original language | English |
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Journal | Journal of Law and Courts |
Volume | 5 |
Issue number | 1 |
Pages (from-to) | 33-55 |
Number of pages | 23 |
ISSN | 2164-6570 |
Publication status | Published - 2017 |
ID: 170344952