Shocking the Conscience of Humanity: Gravity and the Legitimacy of International Criminal Law

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Margaret deGuzman (Professor of Law, Professor of Law, Temple University Beasley School of Law)

Shocking the Conscience of Humanity

Gravity and the Legitimacy of International Criminal Law

Margaret deGuzman (Professor of Law, Professor of Law, Temple University Beasley School of Law)

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English

Oxford University Press
28 March 2019

International relations; International humanitarian law; International organisations & institutions; International criminal law

"The most commonly cited justification for international criminal law is that it addresses crimes of such gravity that they ""shock the conscience of humanity.""

From decisions about how to define crimes and when to exercise jurisdiction, to limitations on defences and sentencing determinations, gravity rhetoric permeates the discourse of international criminal law. Yet the concept of gravity has thus far remained highly undertheorized.

This book uncovers the consequences for the regime's legitimacy of its heavy reliance on the poorly understood idea of gravity. Margaret M. deGuzman argues that gravity's ambiguity may at times enable a thin consensus to emerge around decisions, such as the creation of an institution or the definition of a crime, but that, increasingly, it undermines efforts to build a strong and resilient global justice community. The book suggests ways to reconceptualize gravity in line with global values and goals to better support the long-term legitimacy of international criminal law."

By: Margaret deGuzman (Professor of Law Professor of Law Temple University Beasley School of Law)
Imprint: Oxford University Press
Country of Publication: United Kingdom
Dimensions: Height: 238mm, Width: 161mm, Spine: 22mm
Weight: 528g
ISBN: 9780198786153
ISBN 10: 0198786158
Pages: 240
Publication Date: 28 March 2019
Audience: Professional and scholarly , Undergraduate
Format: Hardback
Publisher's Status: Active

Introduction 1. Legitimacy, Gravity, and Global Community 2. A Brief History of Gravity 3. Global Prescriptive Authority 4. Global Adjudicative Authority 5. Defendants' Rights and Defences 6. Sentencing

Professor Margaret M. deGuzman is the James E. Beasley Professor of Law and Co-Director of the Institute for International Law and Public Policy at Temple University's Beasley School of Law. Her scholarship focuses on the role of international criminal law in the global legal order, with a particular emphasis on the work of the International Criminal Court (ICC). She has written extensively about international criminal law theory and practice, including topics ranging from the definition of crimes against humanity to crime selection and sentencing at international courts and tribunals. Before joining Temple Law School, Professor deGuzman practiced criminal defense in San Francisco, served as a legal advisor to the Senegal delegation at the Rome Conference of the ICC, was a law clerk at the International Criminal Tribunal for Former Yugoslavia, and a Fulbright Scholar in Daru N'Diar, Senegal.

Reviews for Shocking the Conscience of Humanity: Gravity and the Legitimacy of International Criminal Law

This remarkable contribution to the theoretical foundations of international criminal justice and this passionate invocation of a valuesoriented notion of gravity to strengthen the legitimacy of international criminal law is sure to spark significant debate in the coming years. * Marco Longobardo, Journal of International Criminal Justice * Gravity, it is often said, sets international crimes apart from other crimes. What makes them so, however, is far from obvious. In her thoughtful new monograph, Margaret M. deGuzman demonstrates that this routinely uttered conviction has always been as hazy as it appears today ... Shocking the Conscience of Humanity will prove an insightful companion to anyone pursuing such a line of research in the future. * Kerttuli Lingenfelter, Law Department, European University Institute, International Criminal Law Review * Prof. deGuzman's SHOCKING THE CONSCIENCE OF HUMANITY - Gravity and the Legitimacy of International Criminal Law offers valuable insight for practitioners and decision-makers and is an excellent starting point for the much-needed dialogic discussion proposed. * Michael G. Karnavas, michaelgkarnavas.net *