2018
DOI: 10.1177/1362480618806917
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Penal humanitarianism beyond the nation state: An analysis of international criminal justice

Abstract: In a recent account of border control, Mary Bosworth introduces the notion of ‘penal humanitarianism’ to describe how humanitarianism enables penal power to move beyond the nation state. Based on a study of international criminal justice, this article applies and develops the notion of penal humanitarianism, and argues that that power to punish is particularly driven by humanitarian reason when punishment is disembedded from the nation state altogether. Disguising the fact of situatedness through claims to the… Show more

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Cited by 28 publications
(21 citation statements)
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References 79 publications
(72 reference statements)
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“…The recent work of Lohne on international criminal justice, for example, highlights the normative complexities of forms of transnational`penal aid', that remain, however laudable their original intentions,`imbued with neo-colonialism and global inequalities'. 83 Nevertheless, we would argue that normatively positive forms of international policy mobility and exchange remain possible, if undertaken with due regard for the challenges and complexities involved. Such processes of knowledge and policy exchange can be facilitated by sensitive and systematic scholarly research that remains alive to the dangers of neo-colonialist imposition.…”
Section: Normative Issues: the Promise Of Cross-national Policy Mobilmentioning
confidence: 99%
“…The recent work of Lohne on international criminal justice, for example, highlights the normative complexities of forms of transnational`penal aid', that remain, however laudable their original intentions,`imbued with neo-colonialism and global inequalities'. 83 Nevertheless, we would argue that normatively positive forms of international policy mobility and exchange remain possible, if undertaken with due regard for the challenges and complexities involved. Such processes of knowledge and policy exchange can be facilitated by sensitive and systematic scholarly research that remains alive to the dangers of neo-colonialist imposition.…”
Section: Normative Issues: the Promise Of Cross-national Policy Mobilmentioning
confidence: 99%
“…Predominantly, researchers have here been engaged in defining and dissecting the history and birth of this rather novel area of globalized penality (Andreas and Nadelmann, 2006;Boister, 2003;Bowling and Sheptycki, 2012;Christensen and Levi, 2017;Findlay, 2013;McDaniel et al, 2019;Marmo and Chazal, 2016). Others have provided insightful legal and postcolonial critiques of its (dis)function, predispositions and consequences (Ba, 2017;Bergsmo et al, 2020;Bosworth, 2017;Cassese, 2012;Comaroff and Comaroff, 2008;Hönke and Müller, 2016;Lohne, 2017Lohne, , 2019Lohne, , 2020Mullins and Rothe, 2008;Tallgren, 2014;Vasiliev, 2020). Bearing in mind the regular theatrics of transnational criminal justice-of which this special issue introduction has included a few-it is nonetheless surprising that so relatively little attention has been paid to its sundry performative aspects.…”
Section: Existing Perspectivesmentioning
confidence: 99%
“…66 Human rights organizations have shown much more willingness to contribute to international criminal prosecutions. 67 Human rights NGOs are at the forefront of the fight against impunity for CRSV, as the criminal justice system offers a tool to enforce human rights. 68 Reports by human rights organizations have therefore also been submitted as evidence before international criminal courts and tribunals.…”
Section: Objectivesmentioning
confidence: 99%