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5 - ICC Legal Argumentation

Meso-management

Published online by Cambridge University Press:  01 December 2023

Richard Clements
Affiliation:
Universiteit van Tilburg, The Netherlands
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Summary

In 2019, ICC Pre-Trial Chamber II decided not to open an investigation into potential Taliban and US crimes in Afghanistan on the grounds that it would not be in the ‘interests of justice’. In arriving at this conclusion, the judges relied upon management concerns about organisational sustainability and the proposed use of resources to justify their position. While heavily criticised by scholars at the time, the judges’ reasoning alludes to the pervasiveness of management ideas and reasoning throughout the court, even in the realm of legal argumentation. This chapter takes the Afghanistan decision as the starting point for a discussion on management’s relationship to core argumentative dilemmas comprising the ICC legal field. Whether in framing case selection as a matter of court capacity or fashioning past obstacles to victim participation as ‘lessons learnt’, management ideas and practices enact a flight from the dilemmas and complexities of ICC-style justice by experts, deferring critique and sustaining the institutional project of global justice.

Type
Chapter
Information
The Justice Factory
Management Practices at the International Criminal Court
, pp. 178 - 227
Publisher: Cambridge University Press
Print publication year: 2024

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  • ICC Legal Argumentation
  • Richard Clements, Universiteit van Tilburg, The Netherlands
  • Book: The Justice Factory
  • Online publication: 01 December 2023
  • Chapter DOI: https://doi.org/10.1017/9781009153102.005
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To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.

  • ICC Legal Argumentation
  • Richard Clements, Universiteit van Tilburg, The Netherlands
  • Book: The Justice Factory
  • Online publication: 01 December 2023
  • Chapter DOI: https://doi.org/10.1017/9781009153102.005
Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • ICC Legal Argumentation
  • Richard Clements, Universiteit van Tilburg, The Netherlands
  • Book: The Justice Factory
  • Online publication: 01 December 2023
  • Chapter DOI: https://doi.org/10.1017/9781009153102.005
Available formats
×