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Judith Shklar versus the International Criminal Court
- Humanity: An International Journal of Human Rights, Humanitarianism, and Development
- University of Pennsylvania Press
- Volume 4, Number 3, Winter 2013
- pp. 473-500
- 10.1353/hum.2013.0026
- Review
- Additional Information
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This essay-review revisits political theorist Judith Shklar’s classic Legalism, with an eye to the uses of its arguments in the era of the International Criminal Court. After reviewing her jurisprudence, the essay takes up her defense of the International Military Tribunal at Nuremberg, showing that it is mainly her critical arguments about international criminal law that survive today. Then the essay goes on to examine further features of her doctrines, including the implications of her engagement with the so-called Tokyo trial for Japanese war criminals for the typically postcolonial setting of international criminal law today.