The International Criminal Court's intervention in Kenya emerged from a complex and contested political history, with different actors advocating for domestic solutions and others arguing for an ...international legal process in The Hague. Earlier positions have been disavowed and others have changed in the dynamic Kenyan political environment. The icc intervention has produced a number of political effects, including the imbrication of the icc process with electoral politics. This article takes up the case study of the Kenyan situation as a site of political contestation mediated through legal discourse. It considers these dynamics on two registers: at the geopolitical level (considering the relationships between the icc, the African Union, and the United Nations Security Council) as well as at the domestic level (both state and civil society). By tracing the discourses through which these contestations transpire, this article highlights some of the themes, strategies, and practices through which the icc's intervention has been received.
The documentary The Act of Killing adopts a novel experimental approach to mass atrocity. Perpetrators of Cold War era anti-communist purges in Indonesia are invited to narrate their acts through ...familiar film genres. The resulting narrative appears to fit within the ideology of transitional justice, with its emphasis on practices of healing, remorse and redemption. Yet the structural dimensions of violence remain unaddressed within this frame. The moral economy of affect and empathy displaces a political analysis of enduring power imbalances and ongoing injustice.
International legal scholarship to date has largely neglected the donor-driven dynamics of international criminal justice. This article advances what I term ‘donors’ justice’ as an analytic frame for ...interpreting the work of international criminal tribunals. Donors’ justice is defined as third-party financial support for tribunal activity. It imports market rationalities into the field of criminal accountability, which assume overlapping discursive, political, and economic forms. The Special Court for Sierra Leone provides a case study of the implications of donor-driven logics for international criminal justice, particularly the material problems of insecure funding and the ethical problems of limited personal jurisdiction.
The International Criminal Court emerged in the early twenty-first century as an ambitious and permanent institution with a mandate to address mass atrocity crimes such as genocide and crimes against ...humanity. Although designed to exercise jurisdiction only in instances where states do not pursue these crimes themselves (and are unwilling or unable to do so), the Court's interventions, particularly in African states, have raised questions about the social value of its work and its political dimensions and effects. Bringing together scholars and practitioners who specialise on the ICC, this collection offers a diverse account of its interventions: from investigations to trials and from the Court's Hague-based centre to the networks of actors who sustain its activities. Exploring connections with transitional justice and international relations, and drawing upon critical insights from the interpretive social sciences, it offers a novel perspective on the ICC's work. This title is also available as Open Access.
The International Criminal Court's intervention in Kenya emerged from a complex and contested political history, with different actors advocating for domestic solutions and others arguing for an ...international legal process in The Hague. Earlier positions have been disavowed and others have changed in the dynamic Kenyan political environment. The ICC intervention has produced a number of political effects, including the imbrication of the ICC process with electoral politics. This article takes up the case study of the Kenyan situation as a site of political contestation mediated through legal discourse. It considers these dynamics on two registers: at the geopolitical level (considering the relationships between the ICC, the African Union, and the United Nations Security Council) as well as at the domestic level (both state and civil society). By tracing the discourses through which these contestations transpire, this article highlights some of the themes, strategies, and practices through which the ICC's intervention has been received.
Over the last decade there has been an increased interest in materiality within legal scholarship, as well as in related disciplines that study law and its practices. Much of it has accounted for the ...concrete and complex manifestations of law through various materials: from formats of inscription to other mediated devices, such as files and images, to bodies and spaces upon and through which law acts. Yet the terms 'matter', 'materials' and 'materiality' are employed in divergent ways across different works, and often without clear distinctions or theoretical delineations.' this special issue begins from proposing a differentiated understanding of these terms in relation to law and legal scholarship, and embeds them in a broader conception of legality, unpacking their premises and implications. the following collection of articles, essays and a poem is an experimental and open-ended form of production, illustrating the benefits and challenges of legal materiality as a mode of inquiry.
'I'll now move to the lower window and zoom in to see the details. We can also go to the right and to the left, and we can even go in a complete circle and see the entire surroundings. Thanks to the ...panoramic shots and the details we were able to locate a number of places. Geolocation items allowed us to attribute specific locations...'
Introduction Sara Kendall; Hyo Yoon Kang
Law, text, culture,
01/2019, Letnik:
23
Journal Article
Recenzirano
Over the last decade there has been an increased interest in materiality within legal scholarship, as well as in related disciplines that study law and its practices. Much of it has accounted for the ...concrete and complex manifestations of law through various materials: from formats of inscription to other mediated devices, such as files and images, to bodies and spaces upon and through which law acts. Yet the terms 'matter', 'materials' and 'materiality' are employed in divergent ways across different works, and often without clear distinctions or theoretical delineations.' this special issue begins from proposing a differentiated understanding of these terms in relation to law and legal scholarship, and embeds them in a broader conception of legality, unpacking their premises and implications. the following collection of articles, essays and a poem is an experimental and open-ended form of production, illustrating the benefits and challenges of legal materiality as a mode of inquiry.
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