Cruel Intentions: Liberal Logics and Processes of International Criminalization

Abstract The prohibition and prosecution of core international crimes are understood as a liberal response to particularly cruel acts that shock the conscience humanity. But what is nature this cruelty how does it relate liberalism? Rather than seeing liberalism monolithic, we examine different relationships between logics they manifest in processes criminalization. We develop three-pronged typology liberalism(s) based on their constitutive relationship cruelty. first logic expands upon Judith Shklar's theory “Liberalism Fear” sees detrimental society, foregrounding acute forms physical affective politics law; second logic, “Racial Liberalism,” understands condition possibility for order built exploitation racialized others; third conceives produced by market trade-offs, referred “Sacrificial Liberalism.” Based framework, two criminalization: crime genocide (widely considered be “crime crimes” thus an emblematic case criminalized directed against collective identities) aggression (which followed more complicated criminalization trajectory). By tracing interrelate, come into tension, shape criminalization, not only illuminate shifting legitimations normative priorities but also confront value criminalizing