
The most commonly cited justification for international criminal law is that it addresses crimes of such gravity that they "shock the conscience of humanity." From decisions about how to define crimes and when to exercise jurisdiction, to limitations on defences and sentencing determinations, gravity rhetoric permeates the discourse of international criminal law. Yet the concept of gravity has thus far remained highly undertheorized. This book uncovers the consequences for the regime's legitimacy of its heavy reliance on the poorly understood idea of gravity. Margaret M. deGuzman argues that gravity's ambiguity may at times enable a thin consensus to emerge around decisions, such as the creation of an institution or the definition of a crime, but that, increasingly, it undermines efforts to build a strong and resilient global justice community. The book suggests ways to reconceptualize gravity in line with global values and goals to better support the long-term legitimacy of international criminal law.
This book investigates how the vague concept of gravity functions as a primary justification for international criminal law and whether this reliance compromises the legitimacy of the global justice regime. Margaret M. deGuzman, a scholar in international criminal law, examines how the rhetoric of gravity permeates legal discourse, from crime definitions to sentencing. She argues that while this ambiguity facilitates initial consensus, it ultimately hinders the development of a resilient and coherent global justice community. The work proposes a reconceptualization of gravity grounded in explicit global values to strengthen the long-term viability of international legal institutions.
What You Will Find
Scope Limits
Legal scholars and practitioners recognize this work as a critical intervention in the theoretical foundations of international criminal law. Readers frequently note the academic density of the prose, which is well-suited for researchers and professionals seeking to understand the structural challenges facing global justice institutions.
Page Count:
239
Publication Date:
2020-01-01
Publisher:
OUP Oxford
ISBN-10:
0191089397
ISBN-13:
9780191089398
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