Othering Across Borders
70 Duke L.J. Online 161 (2021)
23 Pages Posted: 8 Jun 2021 Last revised: 16 Nov 2021
Date Written: May 25, 2021
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
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