
Contents
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1. Introduction: International Criminal Justice after Atrocities 1. Introduction: International Criminal Justice after Atrocities
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2. The Scholarship Surrounding Mass Atrocity Prosecutions: Evolution and Transformation 2. The Scholarship Surrounding Mass Atrocity Prosecutions: Evolution and Transformation
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3. International Criminal Law: Successes, Setbacks, and Seemingly Everlasting Challenges 3. International Criminal Law: Successes, Setbacks, and Seemingly Everlasting Challenges
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3.1. The “criminal” in “international criminal law” 3.1. The “criminal” in “international criminal law”
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3.1.1. Genocide 3.1.1. Genocide
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3.1.2. Crimes against humanity 3.1.2. Crimes against humanity
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3.1.3. War crimes 3.1.3. War crimes
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3.2 The “international” in international criminal law 3.2 The “international” in international criminal law
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3.2.1. Selectivity 3.2.1. Selectivity
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3.2.1.1. Atrocity selectivity 3.2.1.1. Atrocity selectivity
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3.2.1.2. Case selectivity 3.2.1.2. Case selectivity
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3.2.1. Evidentiary impediments 3.2.1. Evidentiary impediments
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3.3. Summary 3.3. Summary
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4. Conclusion 4. Conclusion
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References References
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26 International Criminal Justice
Get accessNancy Amoury Combs is the Ernest W. Goodrich Professor of Law at William & Mary Law School and the Director of the Human Security Law Center.
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Published:18 March 2022
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Abstract
This chapter explores international criminal prosecutions for mass atrocities through scholarship and the real-world challenges that the field confronts. The chapter’s survey of international criminal law scholarship shows the dramatic evolution that has taken place in the attitudes and expectations of scholars, popular commentators, and practitioners of mass atrocity trials. Next, the chapter turns to some of the most serious difficulties that practically impede criminal prosecutions of mass atrocities. Although some of these are doctrinal, international criminal law’s most pressing challenges emanate from non-legal sources. This chapter highlights in particular international criminal law’s selectivity and its evidentiary impediments. These and other problems more broadly highlight what perhaps is the field’s most pressing overarching difficulty: the stark mismatch between the ideals to which it aspires and the reality in which it is mired.
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