International Criminal Law and Its Paradoxes: Implications for Institutions and Practice

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Abstract

This article challenges international criminal tribunals’ (ICTs) capacity to perform the socially constitutive work of transitional justice. Highlighting paradigmatic ICT jurisprudence, I show that both the “progress” and “justice” constructs central to the work and legitimacy of international criminal law are unrealizable under current ICT practice. This is due to international criminal law’s foundational, legitimizing basis in natural law rather than political liberalism. I call for a revision of ICT institutional accountability structures.

Original languageEnglish
JournalJournal of Law and Courts
Volume5
Issue number1
Pages (from-to)33-53
Number of pages21
ISSN2164-6570
DOIs
Publication statusPublished - 2017
Externally publishedYes

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