A Genealogy of the Criminal Turn in Human Rights

Engle, Karen; Miller, Zinaida; Davis, Dennis

doi:10.1017/9781139942263.002

Cited by 36 publications

(10 citation statements)

References 38 publications

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“…Vamos mencionar os que nos parecem mais ilustrativos desse enquadramento. Na Europa (Schneiker, 2018), em especial na Inglaterra (Wagner, 2014), nos Estados Unidos (Engle, 2016;Alston, 2017) e na América Latina (Krause, 2020) são observados movimentos importantes de oposição e contestação dos direitos humanos.…”

Section: O Movimento Anti Direitos Humanos No Brasil E No Mundounclassified

Direitos humanos em balanço enquadramentos teóricos e recortes empíricos

Possas¹,

Caldas²,

Ramos³

et al. 2022

BIB

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Human rights have been the subject of intense reflection, especially in the last decade, by a wide variety of researchers and intellectuals from different disciplinary areas. This text is an attempt to give some meaning to this production, focusing on Brazil and in international English language literature (United States/Canada), seeking to distinguish socio-historical literature from normative literature, both legal and political-philosophical. We paid special attention to works that proposed to reflect on the very object of human rights, as an empirical phenomenon to be observed.

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Section: O Movimento Anti Direitos Humanos No Brasil E No Mundounclassified

Direitos humanos em balanço enquadramentos teóricos e recortes empíricos

Possas¹,

Caldas²,

Ramos³

et al. 2022

BIB

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“…These two ad hoc tribunals were followed by the permanent International Criminal Court (ICC), established through the Rome Statute in 1998, and by a number of hybrid criminal tribunals. These courts and tribunals exemplify how “justice” has come to mean a fight against impunity in the form of individual accountability pursued through criminal prosecutions (Engle 2015) with a certain missionary zeal (Stahn 2015:57). Importantly, these courts and tribunals also seek to materialise a narrative of legal progress: “from impunity to rule of law”.…”

Section: Hybrid Tribunals and “The International” At The Ecccmentioning

confidence: 99%

Scales of Justice: “International Standards” and “Local Ownership” at a Hybrid Tribunal

Hughes

Elander

2021

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This paper argues that a politics of scale plays a fundamental but uninterrogated role in internationalised criminal justice processes such as hybrid tribunals. Scale discourses—producing specific notions of “the international” and “the local”—are so naturalised in these endeavours that their regressive effects remain unacknowledged. Following Annelise Riles’ ground‐breaking analysis of the politics of scale in colonial law, and feminist critiques of scale discourse in accounts of globalisation and conflict, we think critically about “the international” and “the local” in a postcolonial and post‐conflict justice context. Using the case of the Extraordinary Chambers in the Courts of Cambodia (ECCC), we specifically examine the operation and effects of discourses of “international standards” and “local ownership”. We argue that denaturalising scale in international criminal justice would serve a wider project to decolonise international law and address the specific forms of disenfranchisement currently enacted by dominant “scales of justice”.

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“…110 Until the mid-1980s, in addressing repressive governments, human rights organizations had rarely called for criminal accountability, since the power to conduct criminal trials was in the hands of the same leaders that were denounced. 111 Given the deficiencies of most domestic legal systems involved in transitions, the source of an obligation to conduct criminal proceedings was looked for from within international law. 113 Orentlicher wrote that international human rights law required the prosecution and punishment of especially atrocious crimes.…”

Section: Transitional Criminal Justicementioning

confidence: 99%

Historical Trends of Human Rights Gone Criminal

Pinto¹

2020

Human Rights Quarterly

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While the traditional understanding of human rights is to restrain state authority to prevent abuses against the individual, in the last few decades human rights have been recast in a way that has made criminal law one of the main instruments for their promotion. The article explores how, since the 1970s, human rights have allowed penal power to move and expand around the globe. Five trends are explored: i) the rise of victims' rights in criminal proceedings; ii) the emergence of United Nations instruments focusing on human rights enforcements by means of criminal law; iii) the development of transitional justice; iv) the promotion of human rights in international criminal law; and v) the imposition of positive duties in criminal matters by human rights bodies. The article argues that the universality of human rights has enabled criminal justice projects to spread and expand over time and space, mixing domestic and international elements. Victims' rights advocates, NGOs, practitioners, academics, judges, and policymakers have been involved in this process. Yet, the expansion of penality by means of human rights has generally appeared as uncontroversial and important questions have been left unanswered. In particular, the assumptions underlying the idea that human rights require criminal accountability remain unexplored and unchallenged. I.

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A Genealogy of the Criminal Turn in Human Rights

Cited by 36 publications

References 38 publications

Direitos humanos em balanço enquadramentos teóricos e recortes empíricos

Direitos humanos em balanço enquadramentos teóricos e recortes empíricos

Scales of Justice: “International Standards” and “Local Ownership” at a Hybrid Tribunal

Historical Trends of Human Rights Gone Criminal

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