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.

An unforgettable chronicle from a groundbreaking journalist who covered Emmett Till's murder, the Little Rock Nine, and ten US presidents

The literature and jurisprudence of international criminal law relies on the claim that international crimes are exceptionally grave. DeGuzman looks to build the legitimacy of international law by exposing the value choices that the rhetoric of 'gravity' entails, and poses a new framework for assessing the legitimacy of international criminal law.

The literature and jurisprudence of international criminal law relies on the claim that international crimes are exceptionally grave. DeGuzman looks to build the legitimacy of international law by exposing the value choices that the rhetoric of 'gravity' entails, and poses a new framework for assessing the legitimacy of international criminal law.

Human trafficking has become the scourge of the 21st century, with child trafficking arguably its worst form. As vulnerable children are lured into prostitution, pornography and other forms of exploitation, there is only a patchwork legal regime trying to deal with child trafficking. This book assesses this legal regime, arguing that a more coordinated and international response is needed. Analyzing the moral and conceptual issues at stake across a wide variety of child trafficking cases – child prostitution, child pornography, forced “marriage,” corrupt “adoptions,” organ “donation,” refugee abuse, child soldiers, orphanage abuse, and “normal” parental child abuse – it goes on to argue that the crimes of child trafficking make apparent that there are conceptual, moral, and legal issues concerning child trafficking that differ from other kinds of crime including adult trafficking. Trafficking and the Conscience of Humanity puts forward the case that the crimes of child trafficking could, and should, be prosecuted by an international court such as the International Criminal Court.

How can bitter enemies who have inflicted unspeakable acts of cruelty on each other live together in peace? At a time in history when most organized violence consists of civil wars and when nations resort to genocidal policies, when horrendous numbers of civilians have been murdered, raped, or expelled from their homes, this book explores the possibility of forgiveness. The contributors to this book draw upon the insights of history, political science, philosophy, and psychology to examine the trauma left in the wake of such actions, using, as examples, numerous case studies from the Holocaust, Russia, Cambodia, Guatemala, South Africa, and even Canada. They consider the fundamental psychological and philosophical issues that have to be confronted, offer insights about measures that can be taken to facilitate healing, and summarize what has been learned from previous struggles. Dilemmas of Reconciliation is a pioneering effort that explores the extraordinary challenges that must be faced in the aftermath of genocide or barbarous civil wars. How these challenges of reconciliation are faced and resolved will affect not only the victims’ ability to go on with their lives but will impact regional stability and, ultimately, world peace.