TITLE

INTERNATIONAL CRIMINAL LAW: WIELDING THE SWORD OF UNIVERSAL CRIMINAL JUSTICE?

AUTHOR(S)
Stephen, Christopher
PUB. DATE
January 2012
SOURCE
International & Comparative Law Quarterly;Jan2012, Vol. 61 Issue 1, p55
SOURCE TYPE
Academic Journal
DOC. TYPE
Article
ABSTRACT
Writing 62 years ago, Georg Schwarzenberger posited that international criminal law did not exist. As long as some States, those larger or more powerful, were held to a different standard, or, in fact, not held to account at all, it was premature to speak of such a thing. For Schwarzenberger, international criminal law was a misnomer without universal criminal justice. This article considers whether that same criticism can be made of international criminal law today. Indeed, it asks whether this is a realistic expectation in the first place. The recently concluded Review Conference of the International Criminal Court in Kampala, Uganda is seen as an ideal juncture at which to do so. This article analyses what is meant by the term international criminal law and then selects two models; the International Criminal Court and the exercise of universal jurisdiction, to gauge the success, or failure, of international criminal law in satisfying Schwarzenberger's criterion.
ACCESSION #
71764457

 

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