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The Birth of the New Justice - The Internationalization of Crime and Punishment, 1919-1950 (Paperback)
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The Birth of the New Justice - The Internationalization of Crime and Punishment, 1919-1950 (Paperback)
Series: Oxford Studies in Modern European History
Expected to ship within 12 - 17 working days
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Until 1919, European wars were settled without post-war trials, and
individuals were not punishable under international law. After
World War One, European jurists at the Paris Peace Conference
developed new concepts of international justice to deal with
violations of the laws of war. Though these were not implemented
for political reasons, later jurists applied these ideas to other
problems, writing new laws and proposing various types of courts to
maintain the post-World War One political order. They also aimed to
enhance internal state security, address states' failures to
respect minority rights, or rectify irregularities in war crimes
trials after World War Two. 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 instill particular moral values, represent the interests
of certain social groups, and even pursue national agendas. 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 and did not build public support for their
ideas. In some cases, they decided that compromises were better
than nothing. Rather than arguing that new legal projects were
spearheaded by state governments motivated by "liberal legalism,"
Mark Lewis shows that legal organizations had a broad range of
ideological motives - liberal, conservative, utopian, humanitarian,
nationalist, and particularist. The International Law Association,
the International Association of Penal Law, the World Jewish
Congress, and the International Committee of the Red Cross
transformed the concept of international violation to deal with new
political and moral problems. They repeatedly altered the purpose
of an international criminal court, sometimes dropping it
altogether when national courts seemed more pragmatic.
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