Challenging the International Criminal Justice Template: Failures in the Use of International Criminal Law as a Transitional Justice Mechanism

作者: Kerstin Bree Carlson , None

DOI: 10.2139/SSRN.2720188

关键词:

摘要: This paper challenges international criminal tribunals’ capacity to perform the socially constitute work of transitional justice. It introduces a three-part prototype, justice template describe core constitutive competencies imagined for ICTs, demonstrating emergence this from Nuremberg tribunal and its application through modern ICTs. Highlighting paradigmatic ICT jurisprudence, shows how is unrealizable under current practice due accountability deficits which stem law’s foundational legitimation in natural law, rather than political liberalism, calls, conclusion, revision institutional structures.