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

See all articles by Sergey Vasiliev

Sergey Vasiliev

Department of Criminal Law; University of Amsterdam - Amsterdam Center for International Law

Date Written: March 22, 2019

Abstract

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

Suggested Citation

Vasiliev, Sergey, The Crises and Critiques of International Criminal Justice (March 22, 2019). Forthcoming, The Oxford Handbook of International Criminal Law (eds KJ Heller et al.). Available at SSRN: https://ssrn.com/abstract=3358240 or http://dx.doi.org/10.2139/ssrn.3358240

Sergey Vasiliev (Contact Author)

Department of Criminal Law ( email )

REC A919
Faculty of Law University of Amsterdam
Amsterdam, 1001NB
Netherlands

University of Amsterdam - Amsterdam Center for International Law ( email )

REC A919
Faculty of Law University of Amsterdam
Amsterdam, 1001NB
Netherlands

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