By Mark Findlay, Ralph Henham
Delivering a framework and dynamic technique wherein humanity is healthier served in the reworked foreign felony trial, this ebook argues that responsibility needs to advance in tandem with the enhancement of judicial discretion in justice transformation.
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Additional info for Beyond Punishment in International Criminal Justice
Chapter summary Chapter 1 New moralities for international criminal justice The interests of victims and communities of justice will only be served if they are effectively represented at each stage of the criminal process. Consequently, the ideological rationale for international criminal trial needs to be carefully redefined to reflect the aspirations of such pluralistic demands for legitimacy. In this chapter we advocate a redirection of the normative paradigm underpinning international trials, providing a consideration of new moralities for ICJ.
The assertion of the intrinsic moral worth of international criminal process elevates it beyond the level of object or instrumentality, a view that accords with Lacey (1988: 173), who argues that its moral boundaries should extend beyond the ‘individuals never being used as means to social ends argument’ because of the essential and intrinsic goodness for humans of a peaceful and just society. This notion of social cohesion is vital for a fully developed notion of humanity. As such, repairing the damage caused by deviance13 is bound up with the conditions necessary for peaceful and productive human life, predominantly a social experience.
4 We thereby conceive of individual and collective rights in justice delivery as coextensive, so that our notion of communitarianism is one that situates the victim firmly in the community. This foundation for rights counters the notion of trial justice as a hegemonic paradigm promoting sectarian political order (Findlay, 2008b) because rights are set against exclusivity and domination by our adoption of new moralities for justice that are inclusive and representative of humanitarian values. Justice for humanity through model trial decision-making The paradox between the rhetoric and the reality of rights is reflected in the failure of contemporary ICJ process rationality to accommodate the inherent conflict between punishing violators and protecting the violated.