International criminal law
Asad G. Kiyani
Chapter 28 in Research Handbook on Third World Approaches to International Law (TWAIL), 2025, pp 324-336 from Edward Elgar Publishing
Abstract:
While the Third World has been the primary site of international criminal law (ICL) activity and practice, the peoples, states, and scholars of the Third World have not had commensurate influence over the content, procedures, and decision-making of ICL. Resistance to TWAIL engagement with ICL in particular often misunderstands the thrust of TWAIL critiques. TWAIL is often seen to be aligned with the interests of Third World states, and its critiques are therefore shrugged off on the basis that they are simplistic allegations of neocolonialism that serve corrupt elites, and fail to see the humanitarian benefits brought by ICL. This chapter explains the ongoing validity of TWAIL critiques aimed at the structural features and practices of ICL, and outlines an agenda for TWAIL scholars that takes seriously the task of approaching ICL doctrine to reshape it in ways that better serve the interests of Third World peoples.
Keywords: Radhabinod Pal; Selectivity; Punishment theory; Legal pluralism; Definitions of crime; International Criminal Court (search for similar items in EconPapers)
Date: 2025
ISBN: 9781789901511
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