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International Criminal Law: A Counter-Hegemonic Project?

Edited by: lorian Jessberger, Leonie Steinl, Kalika Mehta

ISBN13: 9789462655508
Published: November 2022
Publisher: T.M.C. Asser Press
Country of Publication: Netherlands
Format: Hardback
Price: £119.99



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This book enquires into the counter-hegemonic capacity of international criminal justice. It highlights perspectives and themes that have thus far often been neglected in the scholarship on (critical approaches to) international criminal justice.

Can international criminal justice be viewed as a 'counter-hegemonic' project? And if so, under what conditions? In response to these questions, scholars and practitioners from the Global South and North reflect inter alia on the engagement with international criminal justice in the context of Ukraine, Palestine, and minorities in South-Asia while also highlighting the hegemonic tendencies built into the institutional structure of the International Criminal Court on the axes of gender and language.

Subjects:
International Criminal Law
Contents:
Chapter 1. Hegemony and International Criminal Justice - An Introduction
Part I. Theoretical Engagements with (Counter-) Hegemonic Perspectives on International Criminal Justice
Chapter 2. Is International Criminal Justice the Handmaiden of the Contemporary Imperial Project? A TWAIL Perspective on Some Arenas of Contestations
Chapter 3. Violence in International Criminal Law and Beyond
Chapter 4. A Marxist Analysis of International Criminal Law and Its Potential as a Counter-Hegemonic Project
Part II. (Counter-) Hegemonic International Criminal Justice in Practice: Case Studies
Chapter 5. Double Whammy: Targeted Minorities in South-Asian States
Chapter 6. States of Criminality: International (Criminal) Law, Palestine, and the Sovereignty Trap
Chapter 7. The Counter-Hegemonic Turn to 'Entrepreneurial Justice' in International Criminal Investigations and Prosecutions Relating to Crimes Committed in Syria and Eastern Ukraine
Chapter 8. NGOs and the Legitimacy of International Criminal Justice: The Case of Uganda
Part III. (Counter-) Hegemony at the International Criminal Court
Chapter 9. The Global South and the Drafting of the Subject-Matter Jurisdiction of the International Criminal Court
Chapter 10. The International Criminal Court and Traditional Islamic Legal Scholarship: Analyzing the War Crimes Against Civilians
Chapter 11. The International Criminal Court's Role in Countering Patriarchal Claims in Reproductive Justice
Chapter 12. The Impact of English Language Hegemony at the International Criminal Court
Chapter 13. Gender Imbalance at the International Criminal Court: The Continued Hegemonic Entrenchment of Male Privilege in International Criminal Law