Shocking the Conscience of Humanity: Gravity and the Legitimacy of International Criminal Law

The most commonly cited justification for international criminal law is that it addresses crimes of such gravity that they shock the conscience of humanity. This book argues that gravity's ambiguity may enable a thin consensus to emerge around decisions, but that it undermines efforts to build a strong and resilient global justice community. It suggests ways to reconceptualize gravity in line with global values and goals to better support the long-term legitimacy of international criminal law.

Format: Paperback / softback
Length: 240 pages
Publication date: 29 September 2022
Publisher: Oxford University Press

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.

Introduction:
International criminal law (ICL) is a legal framework designed to address crimes of such gravity that they shock the conscience of humanity. The primary justification for ICL is that it seeks to hold individuals accountable for acts that violate fundamental human rights and undermine the stability and security of societies. However, the concept of gravity has remained highly undertheorized within the field of international law. This book aims to explore the consequences of gravity's ambiguity for the legitimacy of ICL and propose ways to reconceptualize it in line with global values and goals.

Gravity's Ambiguity:
Gravity is a fundamental concept in ICL, as it determines the severity of crimes and the level of punishment that may be imposed. However, the concept of gravity is inherently ambiguous, as it lacks a clear and universally accepted definition. This ambiguity can lead to different interpretations and applications of ICL, which can undermine its legitimacy. For example, some argue that gravity should be based on the harm caused to victims, while others argue that it should be based on the scale of the crime or the number of victims. This lack of consensus can create tensions and conflicts within the international legal community, as different states may prioritize different factors in determining the gravity of a crime.

Consequences for the Regime's Legitimacy:
Gravity's ambiguity can have significant consequences for the legitimacy of ICL. One of the primary concerns is that it can undermine the ability of ICL to hold individuals accountable for the most serious crimes. Without a clear and consistent definition of gravity, it becomes difficult to establish clear criteria for determining when jurisdiction should be exercised and when individuals should be prosecuted. This can lead to a situation where the most egregious crimes go unpunished, which undermines the credibility and effectiveness of ICL.

Reconceptualizing Gravity:
To address the consequences of gravity's ambiguity, it is necessary to reconceptualize it in line with global values and goals. One approach is to focus on the harm caused to victims as a key factor in determining the gravity of a crime. This would ensure that the most serious crimes are prosecuted regardless of the scale or number of victims, and would provide a more consistent and transparent framework for determining jurisdiction.

Another approach is to prioritize the development of a strong and resilient global justice community. This would involve promoting cooperation and collaboration between states and international organizations to address crimes of global significance. It would also involve investing in the training and capacity-building of legal professionals and institutions to ensure that they are able to effectively implement ICL.

Conclusion:
The concept of gravity is a fundamental aspect of ICL, but its ambiguity has significant consequences for the legitimacy of the regime. By reconceptualizing gravity in line with global values and goals, it is possible to enhance the effectiveness and credibility of ICL and ensure that individuals are held accountable for the most serious crimes. This requires a commitment to cooperation, collaboration, and investment in the development of global justice institutions and legal professionals.

Weight: 384g
Dimension: 157 x 235 x 14 (mm)
ISBN-13: 9780192886972