International Criminal Tribunals
A Normative Defense

This book considers critics of international criminal law concerning normative concepts of legitimacy, sovereignty, responsibility, punishment, economics, politics, evidence, and fairness.

Larry May (Author), Shannon Fyfe (Author)

9781107567726, Cambridge University Press

Paperback / softback, published 10 May 2018

223 pages
22.7 x 15.2 x 1.3 cm, 0.35 kg

'The authors' analysis of the various critiques yields both normative arguments about the value of international criminal tribunals and suggestions about how the institutions can be improved. In advancing their normative claims and supporting their prescriptive suggestions, the authors draw on a deep well of philosophical and theoretical concepts, including legitimacy, fairness, effectiveness, and efficiency. The result is a book that not only canvases and addresses the broad array of critiques leveled at international criminal tribunals but adds significantly to the rather scant literature on the philosophical justifications for international criminal justice.' Margaret M. deGuzman, Ethics & International Affairs

In the last two decades there has been a meteoric rise of international criminal tribunals and courts, and also a strengthening chorus of critics against them. Today it is hard to find strong defenders of international criminal tribunals and courts. This book attempts such a defense against an array of critics. It offers a nuanced defense, accepting many criticisms but arguing that the idea of international criminal tribunals can be defended as providing the fairest way to deal with mass atrocity crimes in a global arena. Fairness and moral legitimacy will be at the heart of this defense. The authors take up the economic and political arguments that have been powerfully expressed, as well as arguments about sovereignty, punishment, responsibility, and evidence; but in the end they show that these arguments do not defeat the idea of international criminal courts and tribunals.

Introduction
1. Legitimacy
2. Sovereignty
3. Punishment
4. Responsibility
5. Economics
6. Politics
7. Evidence
8. Fairness
9. Concluding remarks.

Subject Areas: Private international law & conflict of laws [LBG], International criminal law [LBBZ], International organisations & institutions [LBBU], International humanitarian law [LBBS], International human rights law [LBBR], Public international law [LBB], Law [L]