Symbolism as a Constraint on International Criminal Law

Research output: Contribution to journal › Journal article › Research › peer-review

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Symbolism as a Constraint on International Criminal Law. / Aksenova, Marina.

In: Leiden Journal of International Law, 2016, p. 1-25.

Research output: Contribution to journal › Journal article › Research › peer-review

Harvard

Aksenova, M 2016, 'Symbolism as a Constraint on International Criminal Law', Leiden Journal of International Law, pp. 1-25.

APA

Aksenova, M. (2016). Symbolism as a Constraint on International Criminal Law. Leiden Journal of International Law, 1-25.

Vancouver

Aksenova M. Symbolism as a Constraint on International Criminal Law. Leiden Journal of International Law. 2016;1-25.

Author

Aksenova, Marina. / Symbolism as a Constraint on International Criminal Law. In: Leiden Journal of International Law. 2016 ; pp. 1-25.

Bibtex

@article{a940416714364426a9309cbf2b83daaf,
title = "Symbolism as a Constraint on International Criminal Law",
abstract = "International criminal law is being pulled in different directions by various conflicting considerations – deterrence, retribution, justice for victims, reconciliation, and setting the historical record. This trend is detrimental for the survival of the system as it erodes the coherence and undermines its legitimacy. One may suggest that international criminal law needs a principle objective to bring order to the system. This article argues that while this statement may be true, it is equally important to have a discussion about pragmatic policy choices underlying the system. Acknowledging that the role of international criminal law is symbolic assists with constraining overambition implicit in the discipline. Treating symbolism as a policy consideration places necessary checks on other goals proclaimed by international courts and the UN executive bodies and also serves as a tool informing the exercise of discretion in international criminal law. ",
author = "Marina Aksenova",
note = "Published online: 03 January 2017, pp. 1-25",
year = "2016",
language = "English",
pages = "1--25",
journal = "Leiden Journal of International Law",
issn = "0922-1565",
publisher = "Cambridge University Press",

}

RIS

TY - JOUR

T1 - Symbolism as a Constraint on International Criminal Law

AU - Aksenova, Marina

N1 - Published online: 03 January 2017, pp. 1-25

PY - 2016

Y1 - 2016

N2 - International criminal law is being pulled in different directions by various conflicting considerations – deterrence, retribution, justice for victims, reconciliation, and setting the historical record. This trend is detrimental for the survival of the system as it erodes the coherence and undermines its legitimacy. One may suggest that international criminal law needs a principle objective to bring order to the system. This article argues that while this statement may be true, it is equally important to have a discussion about pragmatic policy choices underlying the system. Acknowledging that the role of international criminal law is symbolic assists with constraining overambition implicit in the discipline. Treating symbolism as a policy consideration places necessary checks on other goals proclaimed by international courts and the UN executive bodies and also serves as a tool informing the exercise of discretion in international criminal law.

AB - International criminal law is being pulled in different directions by various conflicting considerations – deterrence, retribution, justice for victims, reconciliation, and setting the historical record. This trend is detrimental for the survival of the system as it erodes the coherence and undermines its legitimacy. One may suggest that international criminal law needs a principle objective to bring order to the system. This article argues that while this statement may be true, it is equally important to have a discussion about pragmatic policy choices underlying the system. Acknowledging that the role of international criminal law is symbolic assists with constraining overambition implicit in the discipline. Treating symbolism as a policy consideration places necessary checks on other goals proclaimed by international courts and the UN executive bodies and also serves as a tool informing the exercise of discretion in international criminal law.

M3 - Journal article

SP - 1

EP - 25

JO - Leiden Journal of International Law

JF - Leiden Journal of International Law

SN - 0922-1565

ER -

ID: 160085502