Procedural Justice in Transnational Contexts

30 Pages Posted: 19 Jun 2018

See all articles by Stephen Cody

Stephen Cody

University of California, Berkeley - School of Law; University of the Pacific - McGeorge School of Law

Alexa Koenig

University of California, Berkeley - Human Rights Program; University of California, Berkeley - School of Law

Date Written: June 6, 2018

Abstract

Procedural justice scholarship shows that perceptions of judicial fairness can strongly influence a court participant’s satisfaction with judicial outcomes, as well as the perceived legitimacy of the dispute resolution forum. What is largely unknown, however, is how procedural justice plays out in transnational contexts. Most previous studies focus on adjudication in domestic forums. Here, drawing on 622 semi-structured interviews with victims in cases before the International Criminal Court (ICC), we document how four core procedural justice principles–voice, neutrality, trust and respect–are interpreted differently in transnational rather than in national contexts. We also identify additional factors–including participants’ concerns over physical safety and lengthy judicial processes–that condition participants’ subjective evaluations of procedural fairness. These empirical findings force us to rethink the meaning of core principles of procedural justice in transnational settings and shed light on the subjective experiences of victim participants in international criminal proceedings.

Keywords: Procedural Justice, International Criminal Law, Victims, International Criminal Court

Suggested Citation

Cody, Stephen and Koenig, Alexa, Procedural Justice in Transnational Contexts (June 6, 2018). Virginia Journal of International Law, Forthcoming. Available at SSRN: https://ssrn.com/abstract=3192116

Stephen Cody (Contact Author)

University of California, Berkeley - School of Law ( email )

Boalt Hall
Berkeley, CA
United States

University of the Pacific - McGeorge School of Law ( email )

3200 Fifth Avenue
Sacramento, CA 95817
United States

Alexa Koenig

University of California, Berkeley - Human Rights Program

Berkeley, CA 94720-5800
United States

University of California, Berkeley - School of Law ( email )

215 Boalt Hall
Berkeley, CA 94720-7200
United States

Register to save articles to
your library

Register

Paper statistics

Downloads
104
rank
243,988
Abstract Views
537
PlumX Metrics