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The Birth of the New Justice - The Internationalization of Crime and Punishment, 1919-1950 (Hardcover)
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The Birth of the New Justice - The Internationalization of Crime and Punishment, 1919-1950 (Hardcover)
Series: Oxford Studies in Modern European History
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Total price: R3,481
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The Birth of the New Justice is a history of the attempts to
instate ad hoc and permanent international criminal courts and new
international criminal laws from the end of World War I to the
beginning of the Cold War. The purpose of these courts was to
repress aggressive war, war crimes, terrorism, and genocide. Rather
than arguing that these legal projects were attempts by state
governments to project a "liberal legalism" and create an
international state system that limited sovereignty, Mark Lewis
shows that European jurists in a variety of transnational
organizations derived their motives from a range of ideological
motives - liberal, conservative, utopian, humanitarian,
nationalist, and particularist. European jurists at the Paris Peace
Conference in 1919 created a controversial new philosophy of
prosecution and punishment, and during the following decades,
jurists in different organizations, including the International Law
Association, International Association for Criminal Law, the World
Jewish Congress, and the International Committee of the Red Cross,
transformed the ideas of the legitimacy of post-war trials and the
concept of international crime to deal with myriad social and
political problems. The concept of an international criminal court
was never static, and the idea that national tribunals would form
an integral part of an international system to enforce new laws was
frequently advanced as a pragmatic-and politically
convenient-solution. The Birth of the New Justice shows that legal
organizations were not merely interested in ensuring that the
guilty were punished or that international peace was assured. They
hoped to instil particular moral values, represent the interests of
certain social groups, and even pursue national agendas. At the
same time, their projects to define new types of crimes and ensure
that old ones were truly punished also sprang from hopes that a new
international political and moral order would check the power of
the sovereign nation-state. When jurists had to scale back their
projects, it was not only because state governments opposed them;
it was also because they lacked political connections, did not
build public support for their ideas, or decided that compromises
were better than nothing.
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