The trial’s the thing: Performance and legitimacy in international criminal trials
This article explores the relationship between performance and legitimacy in international criminal trials through the lens of the International Criminal Court (ICC). I begin by analysing the deployment of theatrical tropes by different legal scholars, such as Hannah Arendt, and David Luban, arguing...
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| Medienart: | Elektronisch Aufsatz |
| Sprache: | Englisch |
| Veröffentlicht: |
2020
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| In: |
Theoretical criminology
Jahr: 2020, Band: 24, Heft: 2, Seiten: 241-257 |
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| Zusammenfassung: | This article explores the relationship between performance and legitimacy in international criminal trials through the lens of the International Criminal Court (ICC). I begin by analysing the deployment of theatrical tropes by different legal scholars, such as Hannah Arendt, and David Luban, arguing that such analogies serve as a policing mechanism for the author to distinguish what they perceive to be the ‘good’ or ‘bad’ theatre of the trial. I then move beyond analogy, drawing on legal sociology and performance theory to read the criminal trial as ritual-like, normative performance. Using the ICC as a case study, I will examine how performance is deployed to create, reinforce and naturalize the role of the ICC in international criminal law. Through focusing on issues of performance and community I offer a different way of looking at what may constitute legitimacy in international criminal law from that which is offered by other legal scholars. |
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| ISSN: | 1461-7439 |
| DOI: | 10.1177/1362480618806923 |
