Monopolizing Global Justice: International Criminal Law as Challenge to Human Diversity

Journal of International Criminal Justice Forthcoming

University of Cambridge Faculty of Law Research Paper No. 63/2014

23 Pages Posted: 29 Nov 2014 Last revised: 12 Dec 2014

See all articles by Sarah Nouwen

Sarah Nouwen

University of Cambridge - Faculty of Law

Wouter Werner

VU University Amsterdam - Faculty of Law

Date Written: November 1, 2014

Abstract

Over the past two decades, international criminal law has been increasingly institutionalized and has become one of the dominant frames for defining issues of justice and conflict resolution. Indeed, international criminal law is often presented as the road towards global justice. But the rise of international criminal law and its equation with global justice come with a profound risk: alternative conceptions of justice can be marginalized. Based on field work in Uganda and Sudan, we present five examples of alternative conceptions of justice that in fact have been side-lined: the restoration of relationships, putting an end to on-going violence, redistribution, non-criminal law forms of punishment and equality. However, international criminal law’s monopolization of discourses of justice threatens not only alternative conceptions of justice, but also international criminal law itself. It frustrates one of its main aims: the protection of diversity.

Keywords: global justice, international criminal law, Arendt, diversity, tribunalization, conceptions of justice

JEL Classification: K3, K33

Suggested Citation

Nouwen, Sarah Maria Heiltjen and Werner, Wouter, Monopolizing Global Justice: International Criminal Law as Challenge to Human Diversity (November 1, 2014). Journal of International Criminal Justice Forthcoming; University of Cambridge Faculty of Law Research Paper No. 63/2014. Available at SSRN: https://ssrn.com/abstract=2531638 or http://dx.doi.org/10.2139/ssrn.2531638

Sarah Maria Heiltjen Nouwen (Contact Author)

University of Cambridge - Faculty of Law ( email )

10 West Road
Cambridge, CB3 9DZ
United Kingdom

Wouter Werner

VU University Amsterdam - Faculty of Law ( email )

De Boelelaan 1105
1081 HV Amsterdam
Netherlands

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