Symposium: International Criminal Justice and the Responsibility to Protect

Responsibility problems for criminal justice

It has been argued that empirical science undermines the claim that people can deserve punishment, and that the criminal justice system therefore ought to be radically reformed. Such arguments lose their force if moral responsibility and desert do not depend on what caused the action, but on the agent’s choice. We solve one problem for the justification of the criminal justice system, but creat...

The Pace of International Criminal Justice

Introduction........................................................................................ 80 I. The Ambitions of International Criminal Justice .......... 84 A. The Domestic Criminal Law Aims....................................... 85 B. The Historical Record Aim.................................................. 88 C. The Transitional Justice Aims.........................................

Introduction: Symposium: Neuroscience, Cognitive Psychology, and the Criminal Justice System

Reassembling International Justice: The Making of ‘the Social’ in International Criminal Law and Transitional Justice

This article examines the most recent shift in ongoing debates concerning the relationship between international criminal law and transitional justice, using the examples of international criminal prosecutions before the International Criminal Tribunal for the former Yugoslavia (ICTY) and transitional justice mechanisms in Bosnia and Herzegovina. It reframes the problematic relationship between...

In International Criminal Prosecutions, Justice Delayed Can Be Justice Delivered

Something of a consensus has emerged within the international community and among commentators that war crimes tribunals have been too slow to investigate, charge, and prosecute war crimes. While acknowledging the importance of expediency in international criminal prosecution, particularly for victims, this Article challenges the feasibility, and even the desirability, of quick investigations a...