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Criminalizing Atrocity

The Global Spread of Criminal Laws against International Crimes

«The author's meticulous attention to empirical detail, his skillful use of a mixture of qualitative and quantitative methodologies, and his clear, potent prose make Berlin's explanation of the empirical puzzle at the heart of the book deeply compelling.»

Marina Zaloznaya, Contemporary Sociology

Why do countries adopt criminal legislation making it possible to prosecute government and military officials for human rights violations? Over the past thirty years, dozens of countries have prosecuted their own or other states' officials for past atrocities. Les mer

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Why do countries adopt criminal legislation making it possible to prosecute government and military officials for human rights violations? Over the past thirty years, dozens of countries have prosecuted their own or other states' officials for past atrocities. In Criminalizing Atrocity, Mark Berlin tells the story of the global spread of national criminal laws against atrocity crimes - genocide, war crimes, and crimes against humanity - laws that have helped
pave the way for this remarkable trend toward greater accountability. He traces the early 20th-century origins of national atrocity laws to a group of influential European criminal law scholars and explains the global patterns by which these laws have since spread.

Berlin shows that understanding why countries criminalize atrocities requires understanding how they do so. In many cases, criminalization has not been the result of concerted government initiative, but of inconspicuous choices made by technocratic legal experts who have been delegated authority to draft large-scale reforms to countries' national criminal codes. Drawing on research in comparative law and norm diffusion, Berlin explains how such reform projects prompt technocratic drafters to
select legal ideas, like atrocity laws, that have been endorsed by their professional communities and deemed by drafters to be important features of a ''modern'' criminal code. To test this argument, Berlin draws on original quantitative and qualitative data, including in-depth case studies of
Guatemala, Poland, Colombia, and the Maldives, and a new, comprehensive dataset tracking the global spread of atrocity laws since Word War II. The book's findings highlight the importance of professional communities in the modern renaissance of atrocity justice and the domestication of international legal norms.

Detaljer

Forlag
Oxford University Press
Innbinding
Innbundet
Språk
Engelsk
ISBN
9780198850441
Utgivelsesår
2020
Format
24 x 16 cm
Priser
Winner, 2022 Best Book Award, Human Rights Section of the International Studies Association null

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«The author's meticulous attention to empirical detail, his skillful use of a mixture of qualitative and quantitative methodologies, and his clear, potent prose make Berlin's explanation of the empirical puzzle at the heart of the book deeply compelling.»

Marina Zaloznaya, Contemporary Sociology

«Overall, this is a deeply interesting and richly researched book that provides a welcome contribution, filling a gap in our understanding of the legal and normative adoption of international criminal provisions against atrocity. Policy audiences, academic researchers of criminal law, and International Relations and legal technocrats alike will benefit from reading it.»

Audrey L. Comstock, International Affairs

«Mark Berlin's Criminalizing Atrocity significantly advances existing understandings of the criminalization of genocide, war crimes, and crimes against humanity during the postwar era.»

Paul Morrow, Perspectives on Politics

«In summary, this is a fantastic book. Political scientists will find that Berlin's research joins the recent wave of pathbreaking scholarship that has emerged within political science that focuses on the study of legal institutions outside constitutional courts and constitutional law.»

Verónica Michel, Genocide Studies and Prevention: An International Journal

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