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Download Fictions of Justice: The International Criminal Court and by Kamari Maxine Clarke PDF

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By Kamari Maxine Clarke

By way of taking over the problem of documenting how human rights values are embedded in rule of legislation events to supply a brand new language of overseas justice that competes with a number different formations, this booklet explores how notions of justice are negotiated via daily micropractices and grassroots contestations of these practices. those micropractices comprise speech acts that revere the security of overseas rights, quotation references to treaty files, the brokering of human rights agendas, the rewriting of nationwide constitutions, demonstrations of religiosity that make specific the piety of non secular matters, and formality practices of forgiveness that contain the invocation of ancestral non secular cosmologies - all practices that element the ways in which justice, as a social fiction, is made genuine inside specific kinfolk of strength.

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Extra resources for Fictions of Justice: The International Criminal Court and the Challenge of Legal Pluralism in Sub-Saharan Africa (Cambridge Studies in Law and Society)

Sample text

As we shall see in Chapter 1, these processes take shape within fields of interaction being propelled as much by various pro–human rights neoliberal agendas as by as their contestations. The court’s supporters have been managed by a growing cosmopolitan elite: legal experts, private interest groups, and members of international organizations engaged in the establishment of institutions and what Mark Goodale (2008) has called the production of technocratic instrumentalities through which to protect and maintain life – the development of human rights documents, the production of normativities and laws.

The establishment of the ICC has been heralded as the answer to global violence. It emerged against the historical backdrop of the recently independent states in Africa and Latin America and the emergent states of Asia, as well as a range of justice-making projects that include nonjudicial truth and reconciliation commissions, reconfigurations of traditional justice mechanisms, and other international criminal tribunals and courts. In the last decade of the twentieth century, more than twenty-five quasi-judicial truth and reconciliation commissions and a range of ad hoc criminal tribunals were set up worldwide; notions of truth reconciliation and forgiveness became the mechanism for addressing systemic violence and transitioning societies into nonviolent democracies.

To understand the complexities of adjudicative difference, legal difference, new jurisdictional practices, and the place of Africa and Africans in the growing international rule of law movement, we need to move beyond conceptions that overlook histories of disenfranchisement, that make it difficult to understand the divergent ontologies at play. In the scholarly literature, comparative legal pluralism has been used to understand such forms of adjudicatory difference but has not always been able to articulate the related challenges of inequality that shape the expression of justice and the exercise of law.

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