Description
Book SynopsisThe 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.
Trade ReviewThis 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 *
Table of ContentsIntroduction 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
