Chair: Barbora Hola

Doing Justice to International Crimes: Assumptions, Imaginations and Critique (ECACTJ)

Building: E
Room: 02

Author: Lohne Kjersti, University of Oslo

Title: The Cosmopolitan Penal Imaginary: Penal Welfarism Gone Global?
Compared to David Garland's diagnosis of the national terrain of crime control and policy in late-modern western societies, this paper begins to tease out the similarities and differences in penal imaginations between the national and the international. Drawing on ethnographic research and interviews with key players in The Hague, the paper argues that the penal imagination of international criminal justice demonstrates a remarkable faith in the utilitarian and transformative effects of international criminal law and punishment. Rather than 'tough' justice, international criminal justice is put forward as a form of social justice dressed in cosmopolitan clothing, a particular form of 'penal welfarism' gone global.
Keywords: ECACTJ; intenational criminal justice; sociology of punishment; ICC
Author: van Baar Annika, Utrecht University

Title: Corporate Involvement in International Crimes
When corporations become involved in international crimes such as genocide, crimes against humanity, they are regularly portrayed as greedy, ruthless or even evil. Although these labels may fit in some cases, they are inaccurate to describe the majority of businesses that end up being involved in the commission of international crimes in Nazi Germany (1933-1945), Apartheid South Africa (1948-1994) and the Democratic Republic of the Congo (1996-now). In this paper, I show that involvement in international crimes can, to a large extent, be explained by corporate goals that are characterised not by greed, but by the quite regular goals to minimize losses and maximize profits. I focus specifically on how the pursuance of these goals by corporations - and those working on their behalf - could be understood by looking at, on the one hand, the ideology that drives and justifies the commission of international crimes in which a corporation is involved and, on the other hand, the belief that technological and economic development are inherently beneficial to society. Either set of such ideas, when dominant in a context of international crimes, enable perceptions of 'business as usual', leading to corporate involvement in international crimes.
Keywords: ECACTJ; corporate crimes; organized crimes; international criminal justice
Author: de Hoon Marieke, Vrije University Amsterdam

Title: The Future of the International Criminal Court: on Critique, Legalism and Strengthening the Icc'S Legitimacy
While the International Criminal Court (ICC) strives for justice for atrocity crimes throughout the world, increasingly, its legitimacy is undermined: powerful states refuse to join, African states prepare to leave, victims do not feel their needs for justice are met. This article argues that this is due to contradicting assumptions and too many objectives attached to the expectations of international criminal justice, which pull and push what the criminal trial is supposed to do in too many directions, undermining what it can do, raising too high expectations, and leading to disappointment. The article analyses the critique as rooted in a misunderstanding of what 'justice' is, what a criminal trial can do, and how inherently political international criminal justice is and only can be. It concludes with some observations on what this entails for strengthening the legitimacy of the ICC by matching expectations to what it can and cannot do.
Keywords: ECACTJ; international criminal justice; ICC; legitimacy
Author: Houge Anette Bringedal, University of Oslo

Title: Narrative Expressivism: a Criminological Approach to the Expressive Function of International Criminal Justice
In response to recent demands to make use of international criminal justice institutions' archives for social scientific research, this article develops a theoretical approach to international criminal justice called narrative expressivism. Narrative expressivism theorizes international criminal justice as an empirical field for knowledge construction. It sees criminal justice as a potent source of information about past crimes - yet also, as a site that impacts on present and future societal understandings of mass violence, promoting a particular structuring of thought. That is, it theorizes the juridification of societal and political understandings of complex collective and social problems. As the name implies, narrative expressivism relates to classical legal expressivist approaches to criminal law. However, looking at expressivism through a narrative lens, narrative expressivism shifts emphasis in four important and interrelated ways: from facts to stories; from punishment to process; from the normative to the descriptive; and from purpose to function. Narrative expressivism is, thus, situated at the juncture of insights from narrative criminology and legal expressivism, and adds narrative analysis to the equation of what work international criminal justice does in the world.
Keywords: ECACTJ; international criminal justice; ICTY; narratives
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