Unveiling (and Veiling) Politics in International Criminal Trials

Christine Schwöbel (ed.), Critical Approaches to International Criminal Law – An Introduction (Routledge 2014)

18 Pages Posted: 7 Mar 2014

See all articles by Tor Krever

Tor Krever

London School of Economics - Law Department

Date Written: March 6, 2014

Abstract

This chapter considers debates about politics in the context of international criminal trials. Commentators tend to locate politics in the instrumentalisation of criminal justice or in deformed process and procedure. Both positions, the chapter argues, share a faith that ICL and international criminal trials can and should be free of politics. Such discourses reproduce the image of the trial as an apolitical, neutral institution, masking, and placing beyond scrutiny, the ways in which even the supposedly neutral trial operates politically. These discourses, the chapter shows, function as ideological manoeuvres through which the deeper political meaning of the trial is obfuscated.

Keywords: international criminal law, international tribunals, criminal justice, ideology, rule of law, international law, criminal law, ICC, ICTY

JEL Classification: K14, K33, K42

Suggested Citation

Krever, Tor, Unveiling (and Veiling) Politics in International Criminal Trials (March 6, 2014). Christine Schwöbel (ed.), Critical Approaches to International Criminal Law – An Introduction (Routledge 2014). Available at SSRN: https://ssrn.com/abstract=2405389

Tor Krever (Contact Author)

London School of Economics - Law Department ( email )

Houghton Street
London WC2A 2AE, WC2A 2AE
United Kingdom

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