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4 - Guilty and Innocent

The Individual Human Being in International Criminal Law

Published online by Cambridge University Press:  25 August 2022

Sassan Gholiagha
Sassan Gholiagha
Affiliation:
European New School of Digital Studies, European University Viadrina, Frankfurt (Oder)
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Summary

Chapter 4 presents the first of the three case studies. Entitled ‘Guilty and Innocent: The Individual Human Being in International Criminal Law’, it analyses the discourse on prosecution with a focus on the ICC. This case study illustrates the applicability and value added of the theoretical and conceptual frameworks. Furthermore, I draw heuristics from this first case study to guide my analysis of the two other case studies, which I embed in a larger analytical framework developed in Chapter 5. Apart from these theoretical and methodological purposes, the chapter has a substantial purpose, demonstrating how the individual human being appears in the discourse on prosecution and how this appearance matters for global politics. The case study shows how the individual human being appears as a perpetrator or victim. This appearance is based on assertions of innocence and guilt, which makes prosecution and the deliverance of justice to individual human beings possible in the first place.

Keywords

International Criminal LawInternational Criminal CourtKenyaLibyaGuiltInnocenceHeuristicsVictimsPerpetrators
Type
Chapter
Information
The Humanisation of Global Politics
International Criminal Law, the Responsibility to Protect, and Drones
 , pp. 66 - 101
Publisher: Cambridge University Press
Print publication year: 2022

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