Abstract
This brief contribution to the debate concerning global law draws on the authors’ analysis of international criminal justice. It argues that the extent to which international criminal law is in fact contributing to global justice in the aftermath of international crimes remains to be seen. In particular, the smooth relationship between international criminal law and the perception of justice can be called into question, as it relies too heavily on the idea that going through the motions of westernized forms of international criminal law will automatically inculcate a sense of justice in victimized populations, while en passant contributing to the resurrection of the rule of law. The connection to broader issues in global justice and global law will draw heavily on Amartya Sen’s recent critique of John Rawls’ Theory of Justice, in which the former employs the ancient Sanskrit notions of niti and Nyaya.
Highlights
Tilburg UniversityGlobal justice and global criminal laws Pemberton, A.; Letschert, R.M. Published in: Tilburg Law Review: Journal on international and comparative law Publication date: 2012 Document Version Publisher's PDF, known as Version of record Link to publication in Tilburg University Research Portal
One of the primary difficulties in discussing the development or emergence of global law is that the construct is used loosely and can mean different things in the eyes of different scholars.[1]
Seeing the poor fit between the reality of international crimes and principles of criminal justice, we have argued previously that nyaya, rather than niti is a base to assess international criminal law.[23]
Summary
Global justice and global criminal laws Pemberton, A.; Letschert, R.M. Published in: Tilburg Law Review: Journal on international and comparative law Publication date: 2012 Document Version Publisher's PDF, known as Version of record Link to publication in Tilburg University Research Portal. Tilburg Law Review: Journal on international and comparative law, 17(2), 296-303. Users may download and print one copy of any publication from the public portal for the purpose of private study or research. Global Justice and Global Criminal Laws: The Importance of Nyaya in the Quest for Justice after International Crimes
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