The Crises and Critiques of International Criminal Justice
Forthcoming, The Oxford Handbook of International Criminal Law (eds KJ Heller et al.)
28 Pages Posted: 22 Mar 2019
Date Written: March 22, 2019
Every international criminal tribunal, past or present, has had to face charges of legality and fairness deficits, victor’s justice, selectivity, neo-colonialism, or other criticisms undermining the legitimacy of the international criminal justice project. This chapter is centred not on the legitimacy (or otherwise) of international criminal justice as much as on the current discourses about legitimacy and on what they may bode for the future of the project. There has lately been more engagement with the critiques from the mainstream positions than ever before. Are the ‘mainstream defenders’ and ‘radical critics’ engaged in a genuine conversation and is rapprochement in sight? Can critical sensibility infiltrate the enterprise and repair it from within, or will it just be co-opted and lose transformative edge upon entering mainstream? Have critics tapped into the emancipatory potential of the project and do mainstream responses effectively address their concerns?
Keywords: international criminal justice, legitimacy, mainstream, critique
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