Judging in the Name of Humanity: International Criminal Tribunals and the Representation of a Global Public

Corrias, Luigi; Gordon, Geoffrey

doi:10.1093/jicj/mqu083

Cited by 11 publications

(7 citation statements)

References 0 publications

Supporting

Mentioning

Contrasting

Unclassified

Order By: Relevance

“…In light of these shortcomings, scholars contemplating the role and purpose of international criminal justice have turned to legal expressivism as a key rationale and justification for international criminal law and punishment (Sander, 2016). Legal expressivism refers to a body of justifications for criminal justice that focus on criminal law’s and criminal punishment’s ability, or potential, to confirm, consolidate and/or project shared or declared beliefs and norms, criminal justice as such being one of them (Amann, 2001; Corrias and Gordon, 2015; Sunstein, 1996). From this perspective, the forte of international criminal justice is to communicate – to share and declare – an ideal and aspiration (Mohamed, 2015).…”

Section: From Legal To Narrative Expressivismmentioning

confidence: 99%

Narrative expressivism: A criminological approach to the expressive function of international criminal justice

Houge

2018

Criminology & Criminal Justice

View full text Add to dashboard Cite

In response to recent demands to make use of international criminal justice institutions' archives for social scientific research, this article develops a theoretical approach to international criminal justice called narrative expressivism. Narrative expressivism considers criminal justice as a potent source of information about past crimes-yet also, as a site that impacts on present and future societal understandings of mass violence, promoting a particular structuring of thought. As such, narrative expressivism addresses what kind of knowledge international criminal justice, its institutions and archives, provide the empirical basis for. Theorizing expressivism through a narrative lens, narrative expressivism shifts the emphasis of legal expressivist approaches from facts to stories, from punishment to process, from purpose to function, and from the normative to the descriptive.

show abstract

Section: From Legal To Narrative Expressivismmentioning

confidence: 99%

Narrative expressivism: A criminological approach to the expressive function of international criminal justice

Houge

2018

Criminology & Criminal Justice

View full text Add to dashboard Cite

show abstract

“…More generally, the critique of a polarized framework brings into question the role of key protagonists of international criminal trials and their position within a legal process, which is inherently ridden with power struggles between its different actors. It also raises a question of the legitimacy afforded to these different protagonists' accounts within the legal process and how these accounts play out in relation to a judicial truth which is assumed, by many, to reflect the expression of a dominant and universal moral positioning based on international criminal law principles (Corrias & Gordon, 2015;Tallgren, 2014). It is generally recognized that defendants have historically had more opportunities to have their voice heard through their oral testimonies in court or the written documents they had produced, compared to victims, as observed in the Nuremberg trials and also in the more recent workings of ad hoc or hybrid courts (Karstedt, 2010).…”

Section: Constraints To the Production Of Judicial Truth: The Normatimentioning

confidence: 99%

Individuals Accused of International Crimes as Delegitimized Agents of Truth

Rauschenbach

2018

International Criminal Justice Review

View full text Add to dashboard Cite

The workings of international criminal trials situate themselves in an era where the concept of truth is heralded as a key aspect in the production of understandings of the past within transitional justice (TJ) settings. Yet, in such contexts where representations of the past are multilayered, trials tend to put to the fore certain narratives as legitimate readings, while excluding many others. This article explores the discourses of 18 individuals accused by the International Criminal Tribunal for the Former Yugoslavia (ICTY). It focuses on their role as generally delegitimized agents of truth and analyzes how they reconstruct their justice experience, focusing particularly on how they make sense of the judicial truths stemming from their case. It reveals how they reconstruct the ICTY as a hegemonic arena which produces judicial truths, which cannot be considered as legitimate and complete accounts of the past and which are at odds with their authoritative perspective of the “truth.” These findings are analyzed against the backdrop of increasing scholarly debates about the legitimacy, which can be attributed to perpetrators’ perspectives given the tendency, within TJ discourses and practices, to position international criminal justice as a universal and authoritative arbitrator of morality in conflict.

show abstract

“…In their analysis of the role of International Criminals Tribunals, Luigi D.A. Corrias and Geoffrey M. Gordon () affirm that these institutions act as representatives of humanity understood as a global public. Pietro's idea of soldiering as a moral duty towards humanity at large is consistent with this logic, yet it goes beyond it.…”

Section: Soldiers and Sacrifice In The Logic Of Becomingmentioning

confidence: 99%

Humanitarian militarism and the production of humanity

Lauri

2018

Soc Anthropol

View full text Add to dashboard Cite

The limits and consequences of humanitarian military operations continue to be major issues in Western public debates on global security, democracy and human rights. This article focuses on the intersection of war and humanitarianism, situating the study of humanitarian militarism within a European context in which a reinvigorated proliferation of the military ethos coexists with ongoing transformations in European military culture and a resurgence of nation‐state ideologies. Building on a reflection of the historical consolidation of humanitarian militarism and interviews conducted with soldiers, the paper explores the politics of humanity produced by humanitarian militarism.

show abstract

Judging in the Name of Humanity: International Criminal Tribunals and the Representation of a Global Public

Cited by 11 publications

References 0 publications

Narrative expressivism: A criminological approach to the expressive function of international criminal justice

Narrative expressivism: A criminological approach to the expressive function of international criminal justice

Individuals Accused of International Crimes as Delegitimized Agents of Truth

Humanitarian militarism and the production of humanity

Contact Info

Product

Resources

About