Judges and the Making of International Criminal Law

Powderly, Joseph

doi:10.1163/9789004368729

Cited by 10 publications

(6 citation statements)

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“…In this context, the words of Justice William Douglas ring true: "Absolute discretion, like corruption, marks the beginning of the end of liberty." (Powderly, 2020) For example, the ability to reproduce and process milk and meat raw materials, and to make food products from them, has been significantly weakened. Other examples, namely: a) since 2008, Ukraine has stopped the production of artificial respirators, which will be urgently needed from the end of 2019 to the beginning of 2020, when the lung damage of millions Vol.…”

Section: Integrity Challenges In Ukraine's Integration Into the Eumentioning

confidence: 99%

Epistemological Context of Transformation of Anti-Corruption Legal Requirements in the Context of Ukraine's European Economic Integration

Kolomoiets,

Makarenkov

2023

BJES

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The article reveals the epistemological context of transformations of anti-corruption legal requirements in the conditions of European economic integration of Ukraine. It has been established that the elimination of the dominance of human defects by the tools of legislation and law enforcement practices becomes effective when the reproducible knowledge reflects the scientific awareness. The subject of knowledge is the whole complex of issues of fostering the manifestation of good virtues and their suppression. Otherwise, both economic reproduction and economic progress are excluded. For Ukraine, both processes now depend on an understanding of the respective progressive solutions that the highly developed nations of the EU have to offer. In fact, integration into the EU is historically determined and currently historically inevitable, and therefore requires meaningful dynamic transformations of domestic legislation. The most urgent direction of these transformations requires interdisciplinary knowledge related to the fight against corruption and its minimisation. It has been established that the epistemological context of the creation and application of anti-corruption legal norms consists of scientifically proven, comprehensive knowledge about the mechanism of neutralisation of corruption by means of coercion and stimulation. The methodology of gaining knowledge through human consciousness involves the use of logical resources, namely 1) rational conclusions of formal logic; 2) contradictions and patterns of dialectical logic; 3) actions and events of historical logic; 4) artefacts of art logic. The truth of knowledge, verified by these means of reasoning and empirical experience, is then partly expressed by mathematical and linguistic symbols, and the rest is conveyed in an intuitive way. The understanding of that which does not fit into the forms of words and numbers is done mentally and sensitively. At this point, it should be emphasised that the praxeological dimension of pure epistemology requires taking into account the characteristics of the cognitive subjects of a specific social community. This requirement extends the scientist's sphere of responsibility beyond epistemology and involves mastering knowledge of its historical determinants. It is concluded that the teleological attitudes of the Ukrainian nation include the study of the values of European nations, which have united for the purpose of economic well-being. Integration into the EU requires knowledge of the mechanisms for combating human vices, eliminating corrupt distortions and using human virtues in EU structures. Regional civilisational stratification persists due to both intra-national and international dishonesty. Accordingly, global integration based on fundamentally unified legal standards requires the elimination of counterproductive factors at both levels of social communication. The focus of attention on good virtues is determined differently from the existing configuration of national associations. Economic and other issues of cultural heritage are first a consequence and then a cause of the manifestation of good virtues. At the same time, military alliances confirm the deep ideological contradictions of nations. This shows the denial of the possibility of creating a global union of nations based on the manifestation in legal reality of the good virtues of its members. It is on the basis of the legal manifestation of the degree of virtue that nations and their associations are formed in the modern world.

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Section: Integrity Challenges In Ukraine's Integration Into the Eumentioning

confidence: 99%

Epistemological Context of Transformation of Anti-Corruption Legal Requirements in the Context of Ukraine's European Economic Integration

Kolomoiets,

Makarenkov

2023

BJES

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“…Dixon and Tenove highlight how place-based victims tied to a specific location are rarely able to deploy moral authority (and practical power) without relying on other agents-for instance, internationalized NGOs that have a pivotal role in international criminal justice (see also Madlingozi 2010;Haddad 2018;Lohne 2019;Zvobgo 2020). More generally, many socio-legal studies, including those using a field perspective, have focused primarily on the internal and socio-professional structures and practices active in international criminal justice, often in and around its international courts (Hagan 2003;Hagan and Levi 2004;Levi, Dezalay, and Amiraslani 2017;Christensen 2019Christensen , 2021Powderly 2020), although some scholars have studied how professional agents in national jurisdictions outside of the countries in which conflict took place have worked to build cases on war crimes (Seroussi 2012; Christensen 2018). Complementing the study of practices linked to the international criminal courts (Meierhenrich 2013; Stappert 2020), some scholars have taken a broader perspective on the transnational networks crucial in pushing for the creation of these institutions (Glasius 2006;Turner 2006;Sikkink 2011;Corrie 2015).…”

Section: Three Conceptions Of Space and Powermentioning

confidence: 99%

Justice Sites and the Fight against Atrocity Crimes

Christensen¹

2022

Law Soc. Inq.

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This article develops a new conceptual framework designed to critically study how locality and transversal power relations structure activity and developments in the global field of international criminal justice. The framework is built around the concept of “justice sites,” defined as localities in which organized and social labor—in this case, working with international criminal justice—takes place. The potential effects of social labor performed in specific sites of justice are structured partly by their locality and the resources to which it gives access and partly by their structural position in wider transversal chains of cooperation and competition that cut across different globalized and national fields. In addition to structuring the connections between justice sites, transversal power relations link sites of justice to “practice sites” embedded in other fields in which localized, social labor is not routinely engaged with international criminal justice. Such linkages demonstrate how the framework, developed to study how locality and transversal relations shape the fight against atrocity crimes, can also be used to investigate sites engaged in and across other globalized and national fields of justice, law, governance, and security.

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“…In certain extra-national contexts, these professionals still acted as the representatives of their states, for instance in diplomatic negotiations of new legal frameworks. In other contexts, for instance when they served as international judges, they were elected at the behest of their state, but were expected to fulfil their role as independent of said state [39][40][41][42].…”

Section: Data and Positionality Of The Two Groupsmentioning

confidence: 99%

Why lawyers internationalize and police transnationalize: disjointed criminal justice at the border of the state

Christensen

2021

Crime Law Soc Change

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This article investigates the socio-genesis of two different types of criminal justice developed at the border of the state. At this border, the field of international criminal justice was differentiated from the field of transnational criminal justice. The article analyzes how elites of these two fields are characterized by distinct relations to the state that structure their ability to affect criminal justice outside of the national context. These professionals worked in parallel in national systems of justice where they accumulated distinct patterns of expertise and access to the state. On the basis of these socio-professional differences, law and police professionals helped define new criminal justice initiatives at the border of the state that deepened the division between them. The development of international criminal justice was dominated by professionals of law whereas transnational criminal justice was built primarily around police professionals. Societal responses to globalized crime are structured by this disjointed space of criminal justice in which legal and police professionals dominate distinct enforcement initiatives.

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Judges and the Making of International Criminal Law

Cited by 10 publications

References 0 publications

Epistemological Context of Transformation of Anti-Corruption Legal Requirements in the Context of Ukraine's European Economic Integration

Epistemological Context of Transformation of Anti-Corruption Legal Requirements in the Context of Ukraine's European Economic Integration

Justice Sites and the Fight against Atrocity Crimes

Why lawyers internationalize and police transnationalize: disjointed criminal justice at the border of the state

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