CEU Electronic Theses and Dissertations, 2008
| Author | Gadirov, Javid |
|---|---|
| Title | Mapping International Justice: Immunity of State Officials and Individual Criminal Responsibility |
| Summary | This project argues that the individual criminal responsibility ‘represses’ the significance and relevance of the collective complicities in the grave human rights violations, such a repression constituting the discursive and “operational” closure of the international justice regime, insulating it from the competing fragments of international law, while rationalizing and normalizing the ‘radical evil’ of atrocities, which allows their prosecution in the rational and liberal discourse of rule of law. Hence the international justice becomes a full-fledged international regime: a system of knowledge, norms, principles and expertise, entailing an individualistic and legalistic perspective on the human rights atrocities. Alternative to the prevailing liberal explanations of the current proliferation of the international justice regimes, this work suggests a realist, or power based explanation that refers to the political tensions unformulated and ‘repressed’ in the international justice regime’s operation. The methodology includes discourse analysis, structural study of international legal argumentation and the international relations and international law approach. Two case studies that demonstrate this hypothesis are the Congo v. Belgium decision of the ICJ and the Rome Statute of the ICC. It is concluded that the heterogeneity of individual centered assumptions of international justice regimes to the residual state responsibility and other state-centered regimes of international law cannot be resolved through the indeterminate international legal structures, and creates a haven for power maximization tactics of actors. The attentiveness to state presence and clashes of sovereign powers involved in trials for human rights atrocities can square the international justice regimes with the residual international regimes of state responsibility, diplomatic intercourse, or international peace and security. |
| Supervisor | Károly Bárd |
| Department | Legal Studies PhD |
| Full text | https://www.etd.ceu.edu/2008/gadirovj.pdf |
Visit the CEU Library.
© 2007-2021, Central European University