Third World Approaches to International Criminal Law

(2016) 14:4 Journal of International Criminal Justice 915-920

Posted: 20 Mar 2018

See all articles by John Reynolds

John Reynolds

National University of Ireland, Maynooth

Sujith Xavier

University of Windsor - Faculty of Law

Asad Kiyani

University of Victoria - Faculty of Law

Date Written: October 1, 2016

Abstract

Scholars working under the moniker of Third World Approaches to International Law (TWAIL) are well-placed to capturethe ambiguities and ambivalences of ‘tribunalized’ responses to various forms of atrocity. In this symposium, we consider the field of international criminal justice as a particular site of contestation in TWAIL’s interaction with interna-tional law, and explore it as a surface over which broader debates of concern to TWAIL sensibilities (such as radicalism v. reform, hegemony v. universality, and international law’s double movements of emancipation and exclusion) play out. What does it mean to think about international criminal law’s norms, rules, institutions and procedures through the frames of the colonial past or imperial present? What biases, blind spots, political moves and rhetorical tropes emerge from the ways in which international criminal justice mechanisms navigate the racial and socio-economic cleavages that persist between North and South? Of particular concern for the authors in this symposium is the issue of whether and how TWAIL can enrich the practice of, and scholarship on, international criminal law. The question here is whether TWAIL can be more than simply reflexively critical, and whether it can identify possibilities and alternatives to that which it problematizes, and new avenues of exploration for scholars working outside of theTWAIL tradition.

Keywords: TWAIL, international criminal law

JEL Classification: K33

Suggested Citation

Reynolds, John and Xavier, Sujith and Kiyani, Asad, Third World Approaches to International Criminal Law (October 1, 2016). (2016) 14:4 Journal of International Criminal Justice 915-920. Available at SSRN: https://ssrn.com/abstract=2853688

John Reynolds (Contact Author)

National University of Ireland, Maynooth ( email )

Maynooth, County Kildare
Ireland

Sujith Xavier

University of Windsor - Faculty of Law ( email )

401 Sunset Avenue
Windsor, Ontario N9B 3P4
Canada

Asad Kiyani

University of Victoria - Faculty of Law ( email )

PO Box 2300, STN CSC
McGill at Ring Rds (Fraser Bldg)
Victoria, British Columbia V8W 3B1
Canada

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