International criminal justice in an age of perpetual crisis

Powderly, Joseph

doi:10.1017/s0922156518000675

Cited by 11 publications

(4 citation statements)

References 22 publications

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“…As also dealt with by way of introduction, there are many caveats to such an analysis. For example, there are important cultural differences between the ICC and the other international courts; the field is one in constant flux – and what critical commentators have referred to as in ‘perpetual crisis’ (Powderly, 2019). Moreover, I have not been concerned with The Culture of Control’s epistemological or empirical validity; yet, clearly, they matter to an evaluation between ordinary and extraordinary penality (if one accepts that such large-scale analysis is even possible).…”

Section: Resultsmentioning

confidence: 99%

Penal welfarism ‘gone global’? Comparing international criminal justice to The Culture of Control

Lohne

2020

Punishment & Society

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With the consolidation of a cosmopolitan field of international criminal justice, penality has ‘gone global’. In spite of the abundance of doctrinal legal analysis, human rights studies, and transitional justice studies, there are few analytic attempts to engage with the working assumptions, cultural commitments, and dominant mentalities that give shape to international criminal justice as a penal field. Based on ethnographic observations, interviews with key actors, and critical reading of international criminal justice scholarship, this article compares the cosmopolitan penality of international criminal justice to that of late modern, domestic, penality. Using David Garland’s The Culture of Control as an analytic yardstick, it argues that international criminal justice both resembles and departs from ‘the national’. For example, whilst the cosmopolitan penality relies upon retributive justifications, it makes no appeal to harsh penal sanctions; nor is it concerned with the rehabilitation of prisoners. Rather, it is an expressive and humanitarian form of justice where the victim takes central stage – as the embodiment of a suffering humanity. Moreover, there is a remarkable faith in the transformative effects of international criminal justice, resembling a form of penal welfarism ‘gone global’. As national capacity building and penal development has become intrinsic to the project of international criminal justice, the article shows how the global dimension of the power to punish is based on a moralization of politics.

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Section: Resultsmentioning

confidence: 99%

Penal welfarism ‘gone global’? Comparing international criminal justice to The Culture of Control

Lohne

2020

Punishment & Society

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“…In Joseph Powderly's words, the discipline's 'very existence is predicated on the purportedly urgent need of humanity to eradicate impunity for shocking acts committed in the context of past or ongoing crises.' 34 Secondly, one effect of this 'crisis governance' is the tendency to narrow the options for crisis-response to a simple binary of action or inaction. Charlesworth again: '[t]he international legal discourse of crises rests on a series of distinctions' including 'action/passivity'.…”

Section: Mégret Gives the Examples Of Libya And Côte D'ivoire To Illu...mentioning

confidence: 99%

War and order: rethinking criminal accountability for the Iraq War

Grady

2021

London Review of International Law

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“…184 In the last decade, however, disenchantment and criticism have substituted the initial euphoria. 185 Great expectations of justice have been left unfulfilled by reality. International criminal justice promised to deter crime, end conflict, and bring about justice.…”

Section: Promoting Human Rights Through International Criminal Lawmentioning

confidence: 99%

Historical Trends of Human Rights Gone Criminal

Pinto¹

2020

Human Rights Quarterly

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While the traditional understanding of human rights is to restrain state authority to prevent abuses against the individual, in the last few decades human rights have been recast in a way that has made criminal law one of the main instruments for their promotion. The article explores how, since the 1970s, human rights have allowed penal power to move and expand around the globe. Five trends are explored: i) the rise of victims' rights in criminal proceedings; ii) the emergence of United Nations instruments focusing on human rights enforcements by means of criminal law; iii) the development of transitional justice; iv) the promotion of human rights in international criminal law; and v) the imposition of positive duties in criminal matters by human rights bodies. The article argues that the universality of human rights has enabled criminal justice projects to spread and expand over time and space, mixing domestic and international elements. Victims' rights advocates, NGOs, practitioners, academics, judges, and policymakers have been involved in this process. Yet, the expansion of penality by means of human rights has generally appeared as uncontroversial and important questions have been left unanswered. In particular, the assumptions underlying the idea that human rights require criminal accountability remain unexplored and unchallenged. I.

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International criminal justice in an age of perpetual crisis

Cited by 11 publications

References 22 publications

Penal welfarism ‘gone global’? Comparing international criminal justice to The Culture of Control

Penal welfarism ‘gone global’? Comparing international criminal justice to The Culture of Control

War and order: rethinking criminal accountability for the Iraq War

Historical Trends of Human Rights Gone Criminal

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