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1 - Introduction

International Criminal Law between Legalism and Critique

Published online by Cambridge University Press:  09 February 2023

Liana Georgieva Minkova
Affiliation:
University of Cambridge
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Summary

Chapter 1 situates Responsibility on Trial within the existing interdisciplinary literature on international criminal justice and presents the research aims of the book. Chapter 1 highlights a gap in the existing literature: international criminal law norms are generally treated either as objective and static standards that are independent from states’ political interests (the ‘liberal-legalist’ thesis), or, conversely, as inevitably indeterminate concepts that enable the perpetuation of global structural inequalities (the ‘critical’ thesis). While both perspectives provide important insights into the operation of international criminal justice, they fail to examine the dynamic nature of legal norms as vehicles for both continuity and change in the field and the implications of those dynamics for the assessment of individual criminal responsibility for mass atrocities. To address this gap, Chapter 1 borrows insights from the work of Shklar and Kirchheimer and proposes building an ‘intersubjective’ framework of analysis that recognizes law’s inherent normativity not as an objective fact but as a form of social practice.

Type
Chapter
Information
Responsibility on Trial
Liability Standards in International Criminal Law
, pp. 1 - 32
Publisher: Cambridge University Press
Print publication year: 2023

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  • Introduction
  • Liana Georgieva Minkova, University of Cambridge
  • Book: Responsibility on Trial
  • Online publication: 09 February 2023
  • Chapter DOI: https://doi.org/10.1017/9781009320191.001
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  • Introduction
  • Liana Georgieva Minkova, University of Cambridge
  • Book: Responsibility on Trial
  • Online publication: 09 February 2023
  • Chapter DOI: https://doi.org/10.1017/9781009320191.001
Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • Introduction
  • Liana Georgieva Minkova, University of Cambridge
  • Book: Responsibility on Trial
  • Online publication: 09 February 2023
  • Chapter DOI: https://doi.org/10.1017/9781009320191.001
Available formats
×