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The New Histories of International Criminal Law最新文献

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Crimes Against Humanity 危害人类罪
The New Histories of International Criminal Law Pub Date : 2019-03-21 DOI: 10.1093/OSO/9780198829638.003.0010
Vasuki Nesiah
{"title":"Crimes Against Humanity","authors":"Vasuki Nesiah","doi":"10.1093/OSO/9780198829638.003.0010","DOIUrl":"https://doi.org/10.1093/OSO/9780198829638.003.0010","url":null,"abstract":"Race and racism have a schizophrenic life in international criminal law (ICL) histories, both ever-present, and ever-elusive. This chapter excavates this double-life by tracing, not race, but its repression, in ICL historians’ projection of ICL’s origins to the mid-nineteenth century regime instituted to implement the prohibition of the Atlantic slave trade in the name of ‘humanity’. This regime included treaty born transnational tribunals (‘Mixed Commissions’) with jurisdictional authority that extended beyond national borders. Racialized structures and imaginaries hide in plain sight in histories of these tribunals as an embryonic ICL—present everywhere yet not acknowledged anywhere. This chapter argues that this absent presence is constituted, on the one hand, by juridification, and on the other, by moralization. Troubling legacies of juridification and moralization entails unpacking continuities and discontinuities with contemporary ICL and the work of race-invisibility in putting wind in the sails of humanity’s racially mal-distributive global dynamics.","PeriodicalId":334015,"journal":{"name":"The New Histories of International Criminal Law","volume":"11 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-03-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130708103","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
‘Voglio una donna!’: On Rewriting the History of International Criminal Justice with the Help of Women Who Perpetrated International Crimes “沃格里奥·尤娜!”:论在国际犯罪妇女的帮助下改写国际刑事司法史
The New Histories of International Criminal Law Pub Date : 2019-03-21 DOI: 10.1093/OSO/9780198829638.003.0007
Immi Tallgren
{"title":"‘Voglio una donna!’: On Rewriting the History of International Criminal Justice with the Help of Women Who Perpetrated International Crimes","authors":"Immi Tallgren","doi":"10.1093/OSO/9780198829638.003.0007","DOIUrl":"https://doi.org/10.1093/OSO/9780198829638.003.0007","url":null,"abstract":"In histories of international criminal law, perpetrators of crimes are represented almost exclusively as men. Historiography, criminology, gender studies, and legal studies offer differing views on whether women perpetrators are actually so very few or merely excluded from accounts. This chapter analyses the quest of rectifying the absence (or exclusion) of women by a retroactive ‘search’ and inclusion of women perpetrators. It starts by discussing the discursive practices of ‘becoming’ a perpetrator and the tropes of histories featuring a woman accused of an ‘international crime’. Far from innocuous, various stereotypes of women are instrumental for either obscuring or elucidating women’s role as perpetrators in court practice as well as in ‘academic’ and ‘popular’ histories, serving gendered and racialized ideological discourses which also inform nations and nationalisms. To conclude, the chapter advances an intuitive explanation for the derivative histories of perpetrators, whilst pointing out the possibility of another kind of histories.","PeriodicalId":334015,"journal":{"name":"The New Histories of International Criminal Law","volume":"49 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-03-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116005602","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
The ‘Africa Blue Books’ at Versailles 凡尔赛宫的“非洲蓝皮书”
The New Histories of International Criminal Law Pub Date : 2019-03-21 DOI: 10.1093/OSO/9780198829638.003.0009
Christopher Gevers
{"title":"The ‘Africa Blue Books’ at Versailles","authors":"Christopher Gevers","doi":"10.1093/OSO/9780198829638.003.0009","DOIUrl":"https://doi.org/10.1093/OSO/9780198829638.003.0009","url":null,"abstract":"This chapter tells the story of the silencing of crimes committed against Africans from international criminal law’s founding moment at Versailles in 1919. While British ‘Atrocity Blue Books’ were central to the call for criminal prosecutions of Germans after the war, the two Blue Books concerning crimes committed against Africans were inexplicably excluded from the report of the Commission on the Responsibility for the Authors of the War. This chapter explores the conditions of their erasure—both at Versailles and in the subsequent histories of the First World War and international criminal law—and considers what might happen if they were included within the fields’ dominant historical narrative. In both respects C.S. Forrester’s 1935 novel The African Queen and its myriad afterlives, in fiction, non-fiction, and film, prove a productive analogue as these texts intersect in interesting ways, both in content and form.","PeriodicalId":334015,"journal":{"name":"The New Histories of International Criminal Law","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-03-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121581196","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Writing More Inclusive Histories of International Criminal Law 撰写更具包容性的国际刑法史
The New Histories of International Criminal Law Pub Date : 2019-03-21 DOI: 10.1093/OSO/9780198829638.003.0008
E. Haslam
{"title":"Writing More Inclusive Histories of International Criminal Law","authors":"E. Haslam","doi":"10.1093/OSO/9780198829638.003.0008","DOIUrl":"https://doi.org/10.1093/OSO/9780198829638.003.0008","url":null,"abstract":"Historical master-narratives of international criminal law rest on a series of exclusions. Although there is growing recognition of the need to develop more inclusive histories of international criminal law, fundamental questions remain about the politics, methods, and agents of inclusion. This contribution explores some of the challenges of writing more inclusive international criminal legal histories and highlights some of the different registers within which questions of inclusion play out by reference to scholarship on the transatlantic slave trade and slavery. This rich literature provides an opportunity for reflecting on the dilemmas of more inclusive history writing in a cross-cultural racialized context. These challenges apply not just to the past. Scholarship on the slave trade, which has grappled with questions of agency, voice, and empathy, incites a challenge to the representation of victims in international criminal law today.","PeriodicalId":334015,"journal":{"name":"The New Histories of International Criminal Law","volume":"420 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-03-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126708950","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Redeeming Rape 救赎强奸
The New Histories of International Criminal Law Pub Date : 2019-03-21 DOI: 10.1093/OSO/9780198829638.003.0006
H. Matthews
{"title":"Redeeming Rape","authors":"H. Matthews","doi":"10.1093/OSO/9780198829638.003.0006","DOIUrl":"https://doi.org/10.1093/OSO/9780198829638.003.0006","url":null,"abstract":"Since the 1990s, feminist activists committed to the policy project of addressing wartime sexual violence through international criminal prosecution have deployed a specific historical narrative about the failure of international law to adequately punish sexual crimes perpetrated by Allied forces at the end of the Second World War. This ‘feminist failure narrative’ (FFN), however, can be contested on historical and normative grounds. Instead of being silenced throughout the post-war period, German women’s experiences of wartime sexual violence were in fact mobilized by both East and West German state-building projects that, in part, sought to minimize ordinary German complicity in the horrors of the war by emphasizing German suffering. Often, women had a vested interest in participating in the construction of these new nationalist stories. I argue that in foregrounding female sexual victimization the FFN depoliticizes women’s wartime agency, thereby dangerously shifting our gaze away from the politics of war.","PeriodicalId":334015,"journal":{"name":"The New Histories of International Criminal Law","volume":"19 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-03-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128325041","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 1
From the Sentimental Story of the State to the Verbrecherstaat, Or, the Rise of the Atrocity Paradigm 从国家的感伤故事到国家主义，或者说是暴行范式的兴起
The New Histories of International Criminal Law Pub Date : 2019-03-21 DOI: 10.1093/OSO/9780198829638.003.0004
Lawrence Douglas
{"title":"From the Sentimental Story of the State to the Verbrecherstaat, Or, the Rise of the Atrocity Paradigm","authors":"Lawrence Douglas","doi":"10.1093/OSO/9780198829638.003.0004","DOIUrl":"https://doi.org/10.1093/OSO/9780198829638.003.0004","url":null,"abstract":"By the terms of the ‘sentimental story of the state’ fashioned by thinkers such as Hobbes, the state represented the greatest bulwark against the disordering effects of violence, and obedience to the law represented the supreme virtue of the pacified citizenry. Nazi Germany fundamentally upset the sentimental story; in the parlance of Karl Jaspers, Nazi Germany was a Verbrecherstaat, a criminal state. The Nuremberg trial treated aggression as the paradigmatic crime of the criminal state; subsequent developments in international criminal law view acts of atrocity—crimes against humanity, genocide, and war crimes—as the paradigmatic state crimes. In this chapter, it is argued that this shift—from treating aggression to treating acts of atrocity as the paradigmatic state-sponsored crimes—has unsettled basic legal categories, such as the criminal/enemy dyad and the distinction between policing and war-making. The unsettling of these categories leaves, the chapter argues, international criminal law in a vexed state.","PeriodicalId":334015,"journal":{"name":"The New Histories of International Criminal Law","volume":"146 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-03-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127490099","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Founding Moments and Founding Fathers 建国时刻和开国元勋
The New Histories of International Criminal Law Pub Date : 2019-03-21 DOI: 10.1093/OSO/9780198829638.003.0003
K. Clarke
{"title":"Founding Moments and Founding Fathers","authors":"K. Clarke","doi":"10.1093/OSO/9780198829638.003.0003","DOIUrl":"https://doi.org/10.1093/OSO/9780198829638.003.0003","url":null,"abstract":"This chapter explores how sentimental affects become entrenched within institutions like the International Criminal Court and various popular postcolonial figures. It explores how both political figures and legal technocrats engaged in public performances of justice tap into prevailing emotional regimes that become institutionalized. The chapter begins with two brief examples to illustrate this process and then delves more deeply to analyse the different contours of affect that both structure fields of expression and are conditioned by history and individual affective responses. Taken together they illustrate how emotional sentiments are transmitted through the production of feeling regimes, and through affective transference their meanings travel and take root in various social fields, such as international justice. By mapping how the emotional affects are transferred within constituent publics—from person to person, leader to constituency—the chapter explores how they are deployed to make new historical lineages feasible.","PeriodicalId":334015,"journal":{"name":"The New Histories of International Criminal Law","volume":"56 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-03-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116228267","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
International Criminal Justice History Writing as Anachronism 国际刑事司法史写作的时代错误
The New Histories of International Criminal Law Pub Date : 2019-03-21 DOI: 10.1093/OSO/9780198829638.003.0005
F. Mégret
{"title":"International Criminal Justice History Writing as Anachronism","authors":"F. Mégret","doi":"10.1093/OSO/9780198829638.003.0005","DOIUrl":"https://doi.org/10.1093/OSO/9780198829638.003.0005","url":null,"abstract":"This chapter focuses on the extent to which the contemporary project of international criminal justice cannot easily lay claim to what it imagines to be its past, because that past, despite superficial similarities, often exhibited fundamentally different concerns. It highlights three areas in which international criminal justice today is arguably dramatically different from how it was understood up to the 1990s. First, international criminal justice was for a long time much less obsessed with the criminalization of international law prohibitions specifically, and much more interested in the transnational dimensions of the criminal law. Second, it was much less committed to a strict model of individual accountability under international law and much more willing to see the state as the central pivot of international criminal responsibility. Third, it was intimately linked to peace projects whereas it has become intimately associated to the fight against atrocities and mass human rights violations.","PeriodicalId":334015,"journal":{"name":"The New Histories of International Criminal Law","volume":"239 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-03-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127534754","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Unprecedents 史无前例的
The New Histories of International Criminal Law Pub Date : 2019-03-21 DOI: 10.1093/oso/9780198829638.003.0002
G. Simpson
{"title":"Unprecedents","authors":"G. Simpson","doi":"10.1093/oso/9780198829638.003.0002","DOIUrl":"https://doi.org/10.1093/oso/9780198829638.003.0002","url":null,"abstract":"In its judicial-doctrinal life, the establishment of an international criminal law has necessitated a sometimes half-hearted search for a history of largely inadequate ‘precedents’ in the context of the punishment of acts that are also said to be ‘unprecedented’ and in the shadow of a suspicion that the criminalization of such acts is itself ‘unprecedented’. Putting all of this together, we might say that what we have is a law of unprecedentedness to which it could be useful to apply a counter-history of unprecedents or unprecedenting or, even, re-precedenting. This idea of ‘unprecedents’ (a neologism that some people will be find unattractive), then, ought to make visible some pathologies, elisions, repressions, around—in one instance a possibility inherent in—international criminal law.","PeriodicalId":334015,"journal":{"name":"The New Histories of International Criminal Law","volume":"16 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-03-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131855453","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 3
Theodor Meron and the Humanization of International Law 西奥多·梅隆与国际法的人性化
The New Histories of International Criminal Law Pub Date : 2019-03-21 DOI: 10.1093/OSO/9780198829638.003.0012
Aleksi Peltonen
{"title":"Theodor Meron and the Humanization of International Law","authors":"Aleksi Peltonen","doi":"10.1093/OSO/9780198829638.003.0012","DOIUrl":"https://doi.org/10.1093/OSO/9780198829638.003.0012","url":null,"abstract":"The chapter explores legal life-writing as a method of history within the context of international criminal law. It offers a biographical sketch of Theodor Meron and discusses some of his major works and especially his humanization thesis in light of the structural changes that occurred in the international legal order after the end of the Cold War. This account serves a triple function. The first is to draw a linkage between Meron’s scholarly works and certain developments in international criminal law. The second is to offer a critical perspective on the humanization thesis. The third is to ask questions about human agency, structural constraints, and historical causality in a self-reflective manner. Thus apart from being a work of legal life-writing in itself, the chapter simultaneously seeks to highlight the strengths and weaknesses of this form of history.","PeriodicalId":334015,"journal":{"name":"The New Histories of International Criminal Law","volume":"114 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-03-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114631158","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 2
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