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
Date Written: March 6, 2014
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: Suggested Citation