Model(ing) Justice: Perfecting the Promise of International Criminal Law

ISBN-13: 9781108417693 / Angielski / Twarda / 2018 / 258 str.

Kerstin Bree Carlson

Opis

This book considers the ICTY to demonstrate illiberal practices of international criminal tribunals, and proposes a return to process to protect the rule of law.

Recenzje

'Model(ing) Justice: Perfecting the Promise of International Criminal Law is a unique exploration of the ICTY. Meticulously, Kerstin Bree Carlson shares her astute observations of the ICTY from the past two decades and draws compelling lessons for the future of the project of international criminal law.' Immi Tallgren, Senior Lecturer of International Law, University of Helsinki

Spis treści

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'.