Othering Across Borders

23 Pages Posted: 8 Jun 2021 Last revised: 16 Nov 2021

Date Written: May 25, 2021

Abstract

Our contemporary moment of reckoning presents an opportunity to evaluate racial subordination and structural inequality throughout our three-tiered domestic, transnational, and international criminal law system. In particular, this Essay exposes a pernicious racial dynamic in contemporary U.S. global criminal justice policy, which I call othering across borders. First, this othering may occur when race emboldens political and prosecutorial actors to prosecute foreign defendants. Second, racial animus may undermine U.S. engagement with international criminal legal institutions, specifically the International Criminal Court. This Essay concludes with measures to mitigate such othering.

Keywords: Race, Criminal Law, International Law, International Criminal Law, Transnational Criminal Law, Foreign Affairs Prosecutions

Suggested Citation

Koh, Steven Arrigg, Othering Across Borders (May 25, 2021). 70 Duke L.J. Online 161 (2021) , Boston College Law School Legal Studies Research Paper No. 565, Available at SSRN: https://ssrn.com/abstract=3858703

Steven Arrigg Koh (Contact Author)

Boston College Law School ( email )

885 Centre St.
Newton Centre, MA 02459
United States

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