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

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

Kerstin Bree Carlson (Author)

9781108417693, Cambridge University Press

Hardback, published 29 November 2018

258 pages, 1 b/w illus.
23.5 x 15.6 x 1.8 cm, 0.48 kg

'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

The International Criminal Tribunal for the former Yugoslavia (ICTY) was the first and most celebrated of a wave of international criminal tribunals (ICTs) built in the 1990s and designed to advance liberalism through international criminal law. Model(ing) Justice examines the practice and case law of the ICTY to make a novel theoretical analysis of the structural flaws inherent in ICTs as institutions that inhibit their contribution to social peace and prosperity. Kerstin Bree Carlson proposes a seminal analysis of the structural challenges to ICTs as socially constitutive institutions, setting the agenda for future considerations of how international organizations can perform and disseminate the goals articulated by political liberalism.

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'.

Subject Areas: Criminal justice law [LNFB], Criminal law & procedure [LNF], International criminal law [LBBZ], International human rights law [LBBR], Human rights [JPVH]