International Criminal Justice Between Scylla and Charybdis—the “Peace Versus Justice” Dilemma Analysed Through the Lenses of Judith Shklar’s and Hannah Arendt’s Legal and Political Theories

摘要: The present article discusses the “peace versus justice” dilemma in international criminal justice through lenses of respective legal (and political) theories Judith Shklar and Hannah Arendt—two thinkers who have recently been described as theorists law. claims that interventions carried out by International Criminal Court (ICC), there is an ever-present potentiality for to occur. Unfortunately, no abstract solution this problem, insofar ICC will some cases be conducive while others, they deleterious peace. If a tension between peace arises particular case, asserts, former must prioritised over latter. Such prioritisation, however, requires vision flexible actor world politics which situated at intersection law, ethics politics, rather than strictly legalistic view court. Ultimately, then, seeks probe whether political Arendt—in isolation, but ultimately also combination—support such ICC.