The International Criminal Tribunal for the former Yugoslavia (ICTY) was the first and most celebrated of a wave of international criminal tribunals (ICTs) built in the 1990s and designed to advance liberalism through international criminal law. Model(ing) Justice examines the practice and case law of the ICTY to make a novel theoretical analysis of the structural flaws inherent in ICTs as institutions that inhibit their contribution to social peace and prosperity. Kerstin Bree Carlson proposes a seminal analysis of the structural challenges to ICTs as socially constitutive institutions, setting the agenda for future considerations of how international organizations can perform and disseminate the goals articulated by political liberalism.
Les mer
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'.
Les mer
'Whether you are a true believer or a cynic about the ability of criminal justice to deliver on its promises, you need to read this provocative, in-depth, study of the impact of the International Criminal Tribunal for the Former Yugoslavia.' Roger S. Clark, Board of Governors Professor, Rutgers Law School, New Jersey
Les mer
Considers the ICTY to demonstrate illiberal practices of international criminal tribunals, and proposes a return to process to protect the rule of law.

Produktdetaljer

ISBN
9781108417693
Publisert
2018-11-29
Utgiver
Vendor
Cambridge University Press
Vekt
480 gr
Høyde
235 mm
Bredde
156 mm
Dybde
18 mm
Aldersnivå
P, 06
Språk
Product language
Engelsk
Format
Product format
Innbundet
Antall sider
258

Biographical note

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.