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from Part I - Subjectivity and Sociality in Contemporary International Criminal Law
Published online by Cambridge University Press: 08 December 2022
This chapter explores the juridical concepts of subject and society in international criminal law, the global social relationships that they express, and the historical conditions under which they emerge. It examines how international criminal law operates as a global legal form that orders categories of persons, crimes, and societies at the transnational level, focusing on sexual violence as an international crime. It draws on feminist accounts of the ‘state of exception’ to show how international criminal law structures ‘international society’ as a fraternal and ethno-nationalist social order and as hegemonic legal relations between non-state subjects. The chapter then examines the historical conditions under which global social relationships assume this legal character through an analysis of the Yugoslavian conflicts and the ICTY. Focusing on conflict-related sexual violence and its international criminalisation, the chapter shows how the global legal form emerges in the social processes of globalisation and expresses global relations of exchange. It argues that the global legal form emerges from the dominating and emancipatory social relations that globalisation produces and operates as a juridical element of global social relations.
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