Common Civility: The Culture of Alegality in International Criminal Law

14 Pages Posted: 11 Jun 2011

See all articles by Markus D. Dubber

Markus D. Dubber

University of Toronto - Faculty of Law; University of Toronto - Centre for Ethics

Date Written: June 9, 2011

Abstract

Least ambitiously, this paper tries to capture the ethos of international criminal law. More ambitiously, it argues that international criminal law is, or can profitably be seen as, an ethos, rather than a body of law. In this telling, international criminal law, despite its name, emerges as an ethical-administrative enterprise rather than a legal one. If placed alongside global administrative law, international criminal law appears as alegal rather than illegal, as ignoring the principle of legality, say, rather than violating it, so that to criticize international criminal law for its illegality would be like faulting apples for not producing orange juice, and oranges for not making apple pie.

Keywords: international criminal law, global administrative law, criminal law, international law, administrative law

JEL Classification: K14, K30, K33

Suggested Citation

Dubber, Markus D., Common Civility: The Culture of Alegality in International Criminal Law (June 9, 2011). Available at SSRN: https://ssrn.com/abstract=1861169 or http://dx.doi.org/10.2139/ssrn.1861169

Markus D. Dubber (Contact Author)

University of Toronto - Faculty of Law ( email )

78 and 84 Queen's Park
Toronto, Ontario M5S 2C5
Canada

HOME PAGE: http://www.law.utoronto.ca/faculty-staff/full-time-faculty/markus-dubber

University of Toronto - Centre for Ethics ( email )

6 Hoskin Avenue
Toronto, Ontario M5S 1H8
Canada

HOME PAGE: http://ethics.utoronto.ca

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