Penal Imaginations of Global Justice-Making

Abstract

The chapter analyses the cosmopolitan penal imaginary building on western domestic penality, delving into the relationship between human rights sensibilities and criminal justice mentalities in the ‘fight against impunity’. Through the fieldwork in Uganda and Rwanda, the chapter describes asymmetries between the international and national criminal justice systems. It shows how international criminal justice circulates transnationally between different geographical sites via human rights NGOs and is closely linked to human rights expertise, and how human rights NGOs turn international criminal justice into issues about social justice. Applying a sociology of punishment perspective, the chapter brings out the similarities and differences in ‘penal imaginations’ between domestic and international criminal justice, and argues that international criminal justice both echoes the national and departs from it. For example, while international criminal justice relies upon retributive and expressive undertones, it makes no appeal to punitive sensibilities: a fact that can be understood in light of the close relation between international criminal justice and human rights NGOs. Yet, it is argued that human rights NGOs rely too strongly on punitive answers, and that amnesties can be just a matter of pragmatism in situations of profound violence. Thus, while the ICC has both retributive and reparative aims, the situation in northern Uganda demonstrates how international criminal justice became an impediment to peace. Moreover, the chapter reveals how a lot of practical issues had simply not been ‘thought of’ when setting up the ICC, such as acquittals and asylum-seeking witnesses.