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

TY - JOUR

T1 - International Criminal Law & Its Paradoxes

T2 - Implications for Institutions and Practice

AU - Carlson, Kerstin Bree

PY - 2017/3/1

Y1 - 2017/3/1

N2 - 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.

AB - 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.

M3 - Journal article

SN - 2164-6570

VL - 5

SP - 33

EP - 55

JO - Journal of Law and Courts

JF - Journal of Law and Courts

IS - 1

ER -