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Considers the ICTY to demonstrate illiberal practices of international criminal tribunals, and proposes a return to process to protect the rule of law.
List of contents
Introduction: using courts to heal countries: transitional justice and international criminal law; Part I. Using Courts to Heal Countries: Transitional Justice and International Criminal Law: 1. Nuremberg defines our time: the promise of international criminal law; 2. Non-derogation and international criminal law: situating the ICTY; Part II. Applying International Criminal Law's Paradoxes to Paradigmatic International Criminal Law Doctrine: Post Rule of Law Procedure, and Illiberal Theories of Culpability: 3. Post rule of law: international criminal procedure and its evolution before the ICTY; 4. When non-derogable principles meet criminal liability: the justice problem of JCE; Part III. Narrative and Discourse: 5. History, trials, and collective memory; 6. Failures in reconciliation: the lost opportunity of Milan Babic, 'reformed nationalist'; Conclusion, towards 'ICL 3G'.
About the author
Kerstin Bree Carlson is an Associate Professor at the University of Southern Denmark and is affiliated with The American University of Paris and iCourts at the University of Copenhagen. Kerstin's research theorizes structural challenges inherent to international criminal law as a means of considering the potential social impact of international criminal justice. She is the recipient of two Fulbright awards (the first to Croatia, and the second to UNESCO in Paris), and several teaching awards.
Summary
This book is of interest to international law scholars and practitioners, students of transitional justice, and governance and development scholars. It can be used in undergraduate and graduate classes for students studying law and society, international relations, political science, sociology, international law, or human rights topics.
