Establishing Universal Human Rights through War Crimes Trials and the Need for Cosmopolitan Law in an Age of Diversity |
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Authors: | Barbara Korth |
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Affiliation: | (1) Faculty of Education, Indiana University, 201 North Rose Ave., Bloomington, IN 47405, USA |
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Abstract: | This article explores the practical and philosophical issues associated with bringing diverse moral conceptions into the judgments of international crimes. It is argued that a Habermasian view of cosmopolitan law provides a possibility for envisioning the way international courts can contribute to a universal morality across culturally disparate human rights conceptions. It is also argued that the most universally acceptable human rights conceptions reflect a convergence of procedures and substance. The author explores the treatment of rape in international war crimes tribunals in order to demonstrate how these judgments advance a more universally-acceptable human rights conceptions. Barbara Korth Faculty of Education. Indiana University 201 North Rose Ave Bloomington IN 47405, USA. |
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Keywords: | cosmopolitan law Habermas ICC rape war crimes tribunals |
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