After the Honeymoon Reflections on the Current State of International Criminal Justice

被引:33
作者
Luban, David [1 ,2 ]
机构
[1] Georgetown Univ, Ctr Law, Washington, DC 20057 USA
[2] Ctr Transnat Legal Studies, London, England
关键词
D O I
10.1093/jicj/mqt023
中图分类号
D9 [法律]; DF [法律];
学科分类号
0301 ;
摘要
At the turn of the millennium, international criminal justice (ICJ) was in its honeymoon; today it seems that the honeymoon is over. What comes after the honeymoon? By now we have learned that ICJ cannot bypass politics and become an ordinary part of the rule of law. But normality was never a realistic aim for ICJ, which aims at the world's most abnormal crimes. The most important goal of ICJ is a radical one: transforming the world's political imagination to de-sanctify violence committed in the name of state or group, so that it comes to be regarded as mere crime. By this measure, the most important achievement of ICJ is positive complementarity, and the most reactionary is further strengthening of the doctrine of state immunity.
引用
收藏
页码:505 / 515
页数:11
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