By Kamari Maxine Clarke
Through taking on the problem of documenting how human rights values are embedded in rule of legislation hobbies to provide a brand new language of overseas justice that competes with various different formations, this e-book explores how notions of justice are negotiated via daily micropractices and grassroots contestations of these practices. those micropractices comprise speech acts that revere the security of overseas rights, quotation references to treaty files, the brokering of human rights agendas, the rewriting of nationwide constitutions, demonstrations of religiosity that make specific the piety of non secular matters, and formality practices of forgiveness that contain the invocation of ancestral spiritual cosmologies - all practices that element the ways in which justice, as a social fiction, is made actual inside of specific family members of energy.
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Extra info for Fictions of Justice: The International Criminal Court and the Challenge of Legal Pluralism in Sub-Saharan Africa (Cambridge Studies in Law and Society)
He provides incisive discussions about the kind of robust engagement with the ICC that is needed to procure “justice” for northern Uganda’s victims, thousands of whom have been displaced by war and many of whom have lost family members or have suffered amputations of hands, arms, legs, or lips. Allen locates viable justice in the ICC’s adjudicatory mechanisms rather than the range of quasi- and nonjudicial mechanisms available to the people of Uganda. For him, justice for “victims” in northern Uganda is possible only through ICC intervention.
This is the space of justice making – political struggles to attain power through which to control the terms of engagement, to mobilize action, and to resignify meaning. It is the ability to enact sovereign power not simply through law, governmental statehood, or international regimes, but also through individual inactivity, acceptance, and alliance in which preemptive action can be taken without the suffering of a victim. The contemporary expansion of the rule of law movement and the rise of the defence of the “victim” at all costs reflects various powerful phenomena working in tension.
Thus, the chapters that follow examine the innovations of grassroots legal activists, human rights activists and NGO workers (Chapters 1 and 6),13 donors and humanitarian workers (Chapter 1), religious and “traditionalist” priests and judges (Chapters 2, 3, and 5), and international court judges and lawyers (Chapters 2 and 3), showing how they, as innovators of “justice,” work with and through spectacles of suffering in order to assert a particular type of politics. Yet, as I show, embedded in these performances are often disembodied victims who represent specters of suffering.