Symbolism as a Constraint on International Criminal Law

被引:9
作者
Aksenova, Marina [1 ]
机构
[1] Univ Copenhagen, iCourts, Fac Law, Copenhagen, Denmark
基金
新加坡国家研究基金会;
关键词
discretion; legitimacy; policy consideration; purposesof international criminal law; symbolism;
D O I
10.1017/S0922156516000741
中图分类号
D9 [法律]; DF [法律];
学科分类号
0301 ;
摘要
International criminal law is being pulled in different directions by various conflicting considerations - deterrence, retribution, justice for victims, reconciliation, and setting the historical record. This trend is detrimental to the survival of the system as it erodes coherence and undermines its legitimacy. One may suggest that international criminal law needs a principle objective to bring order to the system. This article argues that while this statement may be true, it is equally important to have a discussion about pragmatic policy choices underlying the system. Acknowledging that the role of international criminal law is symbolic assists with constraining over-ambition implicit in the discipline. Treating symbolism as a policy consideration places necessary checks on other goals proclaimed by international courts and UN executive bodies and also serves as a tool informing the exercise of discretion in international criminal law.
引用
收藏
页码:475 / 499
页数:25
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