June 24, 2011

Capturing the "What" of International Criminal Law

Markus D. Dubber, University of Toronto Faculty of Law, has published Common Civility: The Culture of Alegality in International Criminal Law

Least ambitiously, this paper tries to capture the ethos of international criminal law. More ambitiously, it argues that international criminal law is, or can profitably be seen as, an ethos, rather than a body of law. In this telling, international criminal law, despite its name, emerges as an ethical-administrative enterprise rather than a legal one. If placed alongside global administrative law, international criminal law appears as alegal rather than illegal, as ignoring the principle of legality, say, rather than violating it, so that to criticize international criminal law for its illegality would be like faulting apples for not producing orange juice, and oranges for not making apple pie.
Download the paper from SSRN at the link.

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