Swaying the hand of justice: The internal and external dynamics of regime change at the international criminal tribunal for the former Yugoslavia

John Hagan, Ron Levi, Gabrielle Ferrales

Research output: Contribution to journalReview article

34 Scopus citations

Abstract

This article develops a conflict approach for studying the field of international criminal law. Focusing on the International Criminal Tribunal for the Former Yugoslavia, we draw on Burawoy's (2003) elaboration of reflexive ethnography to determine how external political changes affect the work of an international legal institution. We explore how political frameworks of legal liberalism, ad hoc legatism, and legal exceptionatism result in internal office, organisational, and normative changes within this Tribunal, thereby linking national political transformations with the construction of the global. Drawing on rolling field interviews and a two-wave panel survey, we conclude that the claims to universals that underwrite transnational legal fields cannot be understood solely through an analysis of external political forces, but must be combined with attention to how these are refracted through internal organisational change within international institutions.

Original languageEnglish (US)
Pages (from-to)585-616
Number of pages32
JournalLaw and Social Inquiry
Volume31
Issue number3
DOIs
StatePublished - Sep 1 2006

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