Shifting Accounts of Justice: The Legalisation and Politicisation of International Criminal Justice
Journal article
Redwood, H. and Goozee, H. (2021). Shifting Accounts of Justice: The Legalisation and Politicisation of International Criminal Justice. Social & Legal Studies. https://doi.org/10.1177/09646639211058832
Authors | Redwood, H. and Goozee, H. |
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Abstract | In December 2015, the International Criminal Tribunal for Rwanda delivered its final verdict in Butare, bringing the International Criminal Tribunal for Rwanda to a close after 21-years. Despite the important role that the tribunal played in confirming international criminal justice as a key transitional justice mechanism, and tool of international peace and security, there has been little retrospective analysis of the court’s history. This article draws on a Bourdieusian field analysis to address the absence and makes two contributions. First, it demonstrates that over the International Criminal Tribunal for Rwanda’s history the tribunal’s conception of justice shifted from a weak form of restorative justice to a more traditional form of retributive justice. Second, it reveals that this shift was the result of a ‘settling’ on the law and, more importantly, UN Security Council interventions. This legalisation and politicisation of trial practice saw a shift in the field from prioritising moral authority to legal and delegated authority. |
Keywords | Law; General Social Sciences; Sociology and Political Science |
Year | 2021 |
Journal | Social & Legal Studies |
Publisher | Sage |
ISSN | 0964-6639 |
1461-7390 | |
Digital Object Identifier (DOI) | https://doi.org/10.1177/09646639211058832 |
Funder/Client | Economic and Social Research Council |
Publication dates | |
Online | 08 Dec 2021 |
Publication process dates | |
Accepted | 07 Oct 2021 |
Deposited | 13 Oct 2021 |
Publisher's version | License File Access Level Open |
Accepted author manuscript | License File Access Level Controlled |
Page range | 096466392110588 |
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