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Shocking the Conscience of Humanity - Gravity and the Legitimacy of International Criminal Law (Paperback)
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Shocking the Conscience of Humanity - Gravity and the Legitimacy of International Criminal Law (Paperback)
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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.
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