Crimes Against Humanity: The Limits of Universal Jurisdiction in the Global South

Description

Currently, there is an engorging fascination with and heightened expectations from international legal accountability. Crimes Against Humanity examines whether international criminal law, in particular legislation and institutions pertaining to war crimes and crimes against humanity, is equipped to be a panacea for the ills of the recalcitrant nation-state system. The main thread that runs through the text is to determine the ultimate aim and efficacy of adjudicating some of the most egregious infractions of the internationally sanctioned human rights regime. While international criminal law strives to develop a shared understanding of, and golden standards for, acceptable behavior of states and governments, it also suffers from a degree of institutional idealism pertaining to current accountability regimes in public international law. Focusing on the Global South, it also examines the problem-laden notion of collective responsibility for societal and political mass crimes and questions the merits of disproportionate reliance on international criminal law in the aftermath of civil wars, ethnic cleansing, genocidal violence, and mass exodus.   Cover Title Page Copyright Page Dedication Series Preface Contents Acknowledgements List of Acronyms Introduction 1. Topographies of Universal Jurisdiction in International Law,Legal Pluralism and the Curious Case of the International Criminal Court Introduction I. Applications of Legal Pluralism in International Law A. The Legacy of the New Haven School B. TWAIL Scholarship and the Radical Pluralism Debate C. Radical Pluralism and Beyond II. Transnational Character of Accountability Regimes in International Law and Multicentricity of Legal Practices A. Fragmentation in International Law and the Fragile Balance of Primary and Secondary Rules in Accountability Regimes B. The Project of International Law and the Jurisprudential Promise of the ICC: Disciplining the Domestic Realm through International Criminal Law? C. International Criminal Court and the Ideal of Complementarity in International Law D. Mandate of the International Criminal Court: Jurisprudential versus Political Realities Conclusion 2. Universal Jurisdiction and Genealogies of International Criminal Law Introduction I. Nemo Me Impuna Lacessit? The Ethos of Universal Jurisdiction II. Divided We Unite? Fragmentation and Legitimacy in International Law III. Legitimacy of International Law: Lingering Questions IV. The Question of the State in International Law as Seen from the Global South: A Chance to Start Anew? V. Jus Gentium and the Outer Limits of International Law VI. Jus Cogens or Not - Dilemmas? Conclusion 3. Crimes Against Humanity Jurisprudence in International Law and the Conundrum of Jurisdictional Certainty Introduction I. The Normative Architecture of Crimes Against Humanity Jurisprudence II. Competing Politico-Normative Visions III. Adjudication, Responsibility and the Law: Limits of Universal Jurisdiction Conclusion 4. Mea Culpa, Sua Culpa, Tua Maxima Culpa: Collective Responsibility, Societal Wrongdoing and Legal Judgment Introduction I. Beyond Eichmann: On the Necessity of Judgment II. Towards an Engaged Theory of Judgment and Collective Responsibility A. The Threshold Question B. The Outcomes Perspective III. Collective Responsibility and Legal Judgment in International Law: The Jaspers Alternative? IV. Moral Responsibility as an Epicurian Cure for the Conundrums of International Criminal Law? V. Collective Responsibility and the Distribution of Blameworthiness Conclusion: The Dilemma of the Sum Total versus Its Constitutive Parts 5. Through the Looking Glass: Hybrid Courts and International Criminal Law in the Global South Introduction I. Mapping Out Responsibility for Mass Atrocities A. More Than Each unto His Own â - Hybrid Courts in the Global South II. The Clarion Call of Universal Jurisdiction in the Global South A. The ICC and Domestic Applications of the Rome Statute B. The ICC and the Importance of the Complementarity Principle for the International Legal Accountability III. Hybrid Courts: Fractured or Overlapping Legal Regimes of Accountability? Conclusion: Hybrid Courts as New Actors of International Criminal Law in the Global South? In Lieu of Conclusion: Deliverance of Justice in International Criminal Law and the Role of Political Judgment as Purposive Action Notes Bibliography Index Back Cover