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This book enquires into the counter-hegemonic capacity of
international criminal justice. It highlights perspectives and
themes that have thus far often been neglected in the scholarship
on (critical approaches to) international criminal justice. Can
international criminal justice be viewed as a 'counter-hegemonic'
project? And if so, under what conditions? In response to these
questions, scholars and practitioners from the Global South and
North reflect inter alia on the engagement with international
criminal justice in the context of Ukraine, Palestine, and
minorities in South-Asia while also highlighting the hegemonic
tendencies built into the institutional structure of the
International Criminal Court on the axes of gender and language.
Florian Jessberger is Professor of Criminal Law and Director of the
Franz von Liszt Institute for International Criminal Justice,
Humboldt-Universitat zu Berlin, Germany. Leonie Steinl is a Senior
Lecturer in Criminal Law at Humboldt-Universitat zu Berlin,
Germany. Kalika Mehta is an Associate Researcher at the Franz von
Liszt Institute for International Criminal Justice,
Humboldt-Universitat zu Berlin, Germany.
This book provides a comprehensive account of how non-state actors
rely on international criminal law as a tool in the service of
progressive political causes. The argument that international
criminal law and its institutions serve as an instrument in the
hands of a few powerful states, and that its practice is
characterized by double standards and selectivity, has received
considerable attention. This book, however, focuses on a practice
that is informed by this argument. Its focus is on an alternative
practice within international criminal law, where non-state actors
navigate what critical scholars call a structurally biased legal
system, in order to achieve long-term political objectives.
Innovatively, the book combines the concerns expressed by Third
World Approaches to International Law with strategic litigation
that focuses on the accountability of corporations for their
complicity in crimes under international law. Analysing this
litigation, the book demonstrates that, while it is crucial to
highlight the blind spots of the international criminal legal
framework, it is also important to take into account the practice
of non-state actors engaged in leveraging its emancipatory
potential. This original analysis of the implementation and
legitimacy of international criminal law will be of interest to a
wide range of scholars and activists working in relevant areas of
law, politics, criminology and international relations.
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