The Expressive Limits of International Criminal Justice: Victim Trauma and Local Culture in the Iron Cage of the Law

Sander, Barrie

doi:10.2139/ssrn.2709620

Cited by 2 publications

(1 citation statement)

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“…Scholars have theorized how ICL contains many facets of immense expressive valueincluding the performance of the trial, 70 the sentencing of the perpetrators, 71 its contribution to social deterrence, and norm signalling. 72 Amongst the expressive functions of ICL, norm signalling is most relevant to regions like India that may otherwise seem to be largely insulated from the reach of this facet of international law.…”

Section: The Need To Invoke International Criminal Lawmentioning

confidence: 99%

Hate Crimes Against Minorities in India

Viswanath

2021

Journal of International Criminal Justice

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Violence against Muslims and Dalits in India has drastically increased since the incumbent political party, the Bharatiya Janata Party (BJP), came to power in 2014. Around 85% of perpetrators are alleged to have been associated either with the BJP or its sister Hindu organizations. In at least some cases, law enforcement agencies have been either indifferent or hostile to the victims. Such crimes may be considered as hate crimes, yet an understanding of this concept — as a tool which accounts for the criminality of individual acts while appreciating the systemic prejudices that motivate them — is lacking in Indian law. This warrants consideration of international criminal law, as a discourse which may complement and support domestic reform, since hate crimes constitute an inhumane affront to the values of dignity and liberty which underlie international core crimes. In this context, this article examines whether the elements of crimes against humanity, particular those of murder and persecution, may be applied to the recent events in India.

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Section: The Need To Invoke International Criminal Lawmentioning

confidence: 99%

Hate Crimes Against Minorities in India

Viswanath

2021

Journal of International Criminal Justice

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The expressive turn of international criminal justice: A field in search of meaning

Sander

2019

Leiden Journal of International Law

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As the glow that accompanied the kinetic judicialization of the field of international criminal justice has faded over time, scholars have increasingly turned to expressivist strands of thought to justify, assess, and critique the practices of international criminal courts. This expressive turn has been characterized by a heightened concern for the pedagogical value and legitimating qualities of international criminal courts. This article develops a unique typology of expressivist perspectives within the field of international criminal justice, distinguishing between three strands of expressivism: instrumental expressivism, which concerns the justification of different practices of international criminal courts in terms of the instrumental value of their expressive qualities; interpretive expressivism, which concerns the identification of expressive avenues for improving the sociological legitimacy of international criminal courts; and critical expressivism, which concerns the illumination of the expressive limits of international criminal courts, as well as unveiling the configurations of power that underpin the messages and narratives constructed within such courts in different institutional contexts. Reflecting on the limitations of these perspectives, the article elaborates a nascent strand of expressivism – strategic expressivism – which concerns whether and how different actors in the field may harness the expressive power of international criminal justice in line with their strategic social and political agendas.

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The Expressive Limits of International Criminal Justice: Victim Trauma and Local Culture in the Iron Cage of the Law

Cited by 2 publications

References 10 publications

Hate Crimes Against Minorities in India

Hate Crimes Against Minorities in India

The expressive turn of international criminal justice: A field in search of meaning

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