Challenging the International Criminal Justice Template: Failures in the Use of International Criminal Law as a Transitional Justice Mechanism
iCourts Working Paper Series No. 42, 2016
44 Pages Posted: 25 Jan 2016 Last revised: 12 Apr 2017
Date Written: January 22, 2016
This paper challenges international criminal tribunals’ capacity to perform the socially constitute work of transitional justice. It introduces a three-part prototype, the international criminal justice template to describe the core socially constitutive competencies imagined for ICTs, demonstrating the emergence of this template from the Nuremberg tribunal and its application through modern ICTs. Highlighting paradigmatic ICT jurisprudence, the paper shows how the template is unrealizable under current ICT practice due to accountability deficits which stem from international criminal law’s foundational legitimation in natural law, rather than political liberalism, and calls, in its conclusion, for a revision of ICT institutional accountability structures.
Keywords: International criminal law, Transitional justice, Legacy of Nuremberg tribunal, Reconciliation and social reconstruction
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