Fictions of Justice :The International Criminal Court and the Challenge of Legal Pluralism in Sub-Saharan Africa ( Cambridge Studies in Law and Society )

Publication subTitle :The International Criminal Court and the Challenge of Legal Pluralism in Sub-Saharan Africa

Publication series :Cambridge Studies in Law and Society

Author: Kamari Maxine Clarke  

Publisher: Cambridge University Press‎

Publication year: 2009

E-ISBN: 9780511537264

P-ISBN(Paperback): 9780521889100

Subject: D99 international law

Keyword: 国际法

Language: ENG

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Fictions of Justice

Description

By taking up the challenge of documenting how human rights values are embedded in rule of law movements to produce a new language of international justice that competes with a range of other formations, this book explores how notions of justice are negotiated through everyday micropractices and grassroots contestations of those practices. These micropractices include speech acts that revere the protection of international rights, citation references to treaty documents, the brokering of human rights agendas, the rewriting of national constitutions, demonstrations of religiosity that make explicit the piety of religious subjects, and ritual practices of forgiveness that involve the invocation of ancestral religious cosmologies - all practices that detail the ways that justice is made real.

Chapter

ANTECEDENTS TO THE ICC – THE FORMER YUGOSLAVIA, RWANDA, AND SIERRA LEONE

Yugoslavia: Milosevic and the ICTY

Rwanda: Akayesu and the ICTR

Sierra Leone: Charles Taylor and the Special Court for Sierra Leone

THE ICC AND COMPETING NOTIONS OF JUSTICE IN SUB-SAHARAN AFRICA

FICTIONS AND SPECTERS OF JUSTICE

Interrogating Legal Pluralism, Mapping Justice through Power

Incommensurabities in Religious Truth Regimes

CONTEXT AND SCOPE OF THE BOOK

Modeling the Spread of “Human Rights” and the “Rule of Law”

Limits to the Models

Challenges to the Fiction of the Rule of Law as Supreme Justice

U.S. Contestations of the ICC

ORGANIZATION OF THE BOOK

PART ONE: THE PRODUCTION OF LIBERALIST TRUTH REGIMES

CHAPTER 1 CONSTRUCTING FICTIONS: MORAL ECONOMIES IN THE TRIBUNALIZATION OF VIOLENCE

FROM COLONIALISM TO THE NEW SCRAMBLE FOR AFRICA

MORAL ECONOMIES AND PRAXEOLOGY

EMPOWERING “JUSTICE,” JUSTIFYING POWER

Ontologies of ICC Notions of Criminal Responsibility

THE COSTS OF “JUSTICE” TALK

INTERNATIONAL NGOS AND THE COSMOPOLITAN ELITE

NGOS ON THE RISE: THE COALITION FOR THE ICC

High Stakes and Big Ideas: The Rule of Law in Morocco

The CICC and State Constitutions: Rome Statute Implementation in Africa

DEVELOPING AFRICA – FROM THE OUTSIDE IN

Extraction and the “Public Good”

Reconfigurations of State Practices

Partnering for Public Services

Mortgaging Africa's Future: The Fine Print on Loans

NGOs Ascendant: Who Sets the Agenda?

Donor Capitalism to the Rescue?

CONCLUSION

CHAPTER 2 CRAFTING THE VICTIM, CRAFTING THE PERPETRATOR: NEW SPACES OF POWER, NEW SPECTERS OF JUSTICE

CHILD SOLDIERS: SPECTERS OF INTERNATIONAL JUSTICE

THE ICC AND THE TRIBUNALIZATION OF AFRICAN VIOLENCE

THE DRC, THE ICC, AND THOMAS LUBANGA DYILO: HISTORIES OF VIOLENCE

COMMAND RESPONSIBILITY AND THE SPECTRALITY OF JUSTICE

THE CASE OF THOMAS LUBANGA DYILO AND THE SPECTERS OF THE VIOLATED

VICTIMS AND THE MORAL ECONOMY OF INTERVENTION: ICC RULES AND STRATEGIES

HUMANITARIANISM AND THE PERFORMANCE OF INTERNATIONAL JUSTICE

WHY AFRICA?

Steps Toward a Critical Transnational Legal Pluralism

CHAPTER 3 MULTIPLE SPACES OF JUSTICE: UGANDA, THE INTERNATIONAL CRIMINAL COURT, AND THE POLITICS OF INEQUALITY

PROLOGUE: REINSTATING CULTURAL COMPLEXITIES

INTERNATIONAL “JUSTICE” VERSUS SPIRITUALLY DRIVEN RECONCILIATION AS JUSTICE

THE UGANDAN AMNESTY ACT AND THE DIFFICULTIES OF COMPLEMENTARITY IN ACTION

AMNESTY AND THE “TRADITIONAL” ACHOLI PATH FOLLOWED BY UGANDA

CHALLENGES AND CONTESTATIONS TO THE ICC IN UGANDA

In “the Interests of Justice”: The Rights of Victims versus the Rights of the State

THE OBLIGATION OF STATES TO UPHOLD INTERNATIONAL LAW VERSUS THEIR RIGHT TO RESOLVE DISPUTES IN THEIR CHOSEN WAY

Victims, the State of Exception, and the New “New Sovereignty”

PART TWO: THE RELIGIOUS POLITICS OF INCOMMENSURABILITY

CHAPTER 4 “RELIGIOUS” AND “SECULAR” MICROPRACTICES: THE ROOTS OF SECULAR LAW, THE POLITICAL CONTENT OF RADICAL ISLAMIC BELIEFS

THE ICC: A MOVEMENT IN THE MAKING

RADICAL ISLAM AND ITS SPACES OF POWER

LEGAL PLURALISM AND BEYOND

SECULARISM, ISLAM, AND INTERPRETING “APPROPRIATE” VIOLENCE

The Response of Religious Revivalism

Islam and Sharia, Duties and Obligations

“Intention” and the Concept of al-Khuruj

The ICC and the Concept of Intention

Competing Spheres of Authority and Power

Secular versus Nonsecular Forms of Violence

GENEALOGIES OF “SECULARISM” AND THE POLITICS OF CONSTITUTIVE POWER

CHAPTER 5 “THE HAND WILL GO TO HELL”: ISLAMIC LAW AND THE CRAFTING OF THE SPIRITUAL SELF

SHARIA-IZATION IN NIGERIA, POST-1999

MACROHISTORICAL POLITICS AND THEIR ALIGNMENTS WITH POWER

The Early Spread of Islam in Precolonial Nigeria

Changes in Colonial Governance: Vernacularizing the Judicial Reach of Courts

The New Nigeria: Secular Democracy and Sunni Islamic Revivalism

POLITICS, AGENCY, AND THE CRIME OF ZINA

VERNACULAR JUSTICE: RELIGIOUS POLITICS AND THE POLITICS OF FAITH

CONCLUSION

CHAPTER 6 ISLAMIC SHARIA AT THE CROSSROADS: HUMAN RIGHTS CHALLENGES AND THE STRATEGIC TRANSLATION OF VERNACULAR IMAGINARIES

SAFIYA HUSSAINI AND AMINA LAWAL

CASE STUDY: AMINA LAWAL

ENGAGING SHARIA, MANAGING PUNISHMENT

Cultural Logics of the Sharia

Tenets of Punishment

“Secular” Genealogies of Acceptable Punishment

GOOD-WILLED DEMOCRACY: FEMINIST NGOS AND THE ERRORS OF PROTEST

VERNACULAR KNOWLEDGES: NIGERIAN CONSTITUTIONALISM FROM THE GROUND UP

ISLAMIC REFORM IN RELATION TO OTHER KINDS OF REFORM

VIOLENCE AS CENTRAL TO THE PRACTICE OF THE EVERYDAY

EPILOGUE: TOWARD A CRITICAL TRANSNATIONAL LEGAL PLURALISM

NOTES

Preface

Introduction

Chapter 1

Chapter 2

Chapter 3

Chapter 4

Chapter 5

Chapter 6

BIBLIOGRAPHY

INDEX

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