The most commonly cited justification for international criminal law
is that it addresses crimes of such gravity that they "shock the
conscience of humanity." From decisions about how to define crimes and
when to exercise jurisdiction, to limitations on defences and
sentencing determinations, gravity rhetoric permeates the discourse of
international criminal law. Yet the concept of gravity has thus far
remained highly undertheorized. This book uncovers the consequences
for the regime's legitimacy of its heavy reliance on the poorly
understood idea of gravity. Margaret M. deGuzman argues that gravity's
ambiguity may at times enable a thin consensus to emerge around
decisions, such as the creation of an institution or the definition of
a crime, but that, increasingly, it undermines efforts to build a
strong and resilient global justice community. The book suggests ways
to reconceptualize gravity in line with global values and goals to
better support the long-term legitimacy of international criminal law.
Les mer
Gravity and the Legitimacy of International Criminal Law
Produktdetaljer
ISBN
9780191089398
Publisert
2020
Utgiver
Oxford University Press Academic UK
Språk
Product language
Engelsk
Format
Product format
Digital bok
Forfatter