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Palgrave Macmillan

Law, Politics and the Limits of Prosecuting Mass Atrocity

  • Book
  • © 2018

Overview

  • Offers an entirely new way of comprehending the conduct of those whose job it is to prosecute the most serious of international crimes
  • Argues that law is a form of politics, and that both ICL enforcement and the politics of economic liberalisation are a means of waging politico-cultural war
  • Highlights the complicity between the production of scholarly knowledge in academia and the support for the international prosecutor’s work

Part of the book series: Human Rights Interventions (HURIIN)

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Table of contents (10 chapters)

  1. Prosecuting Mass Atrocity After the Second World War

  2. Prosecuting Mass Atrocity After the Cold War

  3. Prosecuting Mass Atrocity During the War on Terror

Keywords

About this book

This book offers a unique and powerful critique of the quest for international criminal justice. It explores the efforts of three successive generations of international prosecutors, recognising the vital roles they play in the enforcement of international criminal law. By critically examining prosecutorial performance during the pre-trial and trial phases, the volume argues that these prosecutors are simultaneously political actors serving in the interests of economic liberalisation. It also posits that international prosecutors help wage a mostly silent and largely unacknowledged politico-cultural war fought for control over the institutions governing modernist international affairs. As the author contends, international prosecutors are thus best understood as agents not only of the law and politics, but also of a war fought by proponents of various utopian projects.

Reviews

“Examining prosecutors’ work through the lens of critical thinking can be regarded as a novel and ambitious choice of methodology, and can certainly be of interest to discourse analysis scholars and specialists on international relations and conflict studies.” (Galina Nelaeva and Elena Khabarova, Leiden Journal of International Law, Vol. 32 (2), June 2019)

 

“In Law, Politics and the Limits of Prosecuting Mass Atrocity Damien Rogers makes a timely and valuable contribution to the growing critical literature on international criminal law by challenging assumptions about the virtuous and apolitical role of the international prosecutor in the prosecution of atrocity crimes.” (Neil Boister, Professor of Law, University of Canterbury, New Zealand)

“This book is a massive synthesis of research on the meaning and conduct of international justice and presents meticulous evidence for its politicization. With a clearly stated argument, it gives a fresh view on international justice and is important reading for historians, social scientists, lawyers and human rights activists alike.” (Mats Deland, Associate Professor in History, Södertörn University College, Sweden)

“This is an innovative and critical study in the area of international criminal justice. Through its focus on the prosecutor this book adds new insights and opens up new venuesfor further research into the politics of law.” (W.G. Werner, Professor of International Law and Comparative Law, Vrije Universtitet Amsterdam, Netherlands)

“This book—an engagement with the strategic-conceptual work accomplished by international prosecutors in support of economic liberalisation—is a serious-minded, meticulous and politically-insurgent contribution to the critique of international criminal law.” (Gerry Simpson, Professor, London School of Economics and Political Science, UK)

Authors and Affiliations

  • Centre for Defence and Security Studies, Massey University, Auckland, New Zealand

    Damien Rogers

About the author

Damien Rogers is Senior Lecturer at the Centre for Defence and Security Studies at Massey University, New Zealand.

Bibliographic Information

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