About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

33 Harv. Hum. Rts. J. 57 (2020)
International Criminal Justice, Legal Pluralism, and the Margin of Appreciation Lessons from the European Convention on Human Rights

handle is hein.journals/hhrj33 and id is 63 raw text is: International Criminal Justice, Legal Pluralism, and the Margin of Appreciation Lessons from the European Convention on Human Rights Fr6d6ric M6gret1 Abstract: This Article explores the potential of the margin of appreciation to conceptualize the pluralism of international criminal justice. A growing debate in international criminal justice concerns the extent to which it can and ought to be conceived pluralistically. That debate has often remained theoretical, however, lacking a broad understanding of how that pluralism could be justified and implemented in international law. This Article ar- gues that the notion of the margin of appreciation, as developed in the jurisprudence of the European Court of Human Rights, makes an impor- tant contribution to our understanding of the potential pluralism of inter- national criminal justice. Developed as a tool to reconcile European human rights principles with the diversity of European societies, the margin of appreciation provides arguments to better justify pluralism as both prag- matic and principled. Moreover, the margin of appreciation provides gui- dance in considering how far domestic criminal justice systems should stray from central norms of international criminal justice. The article concludes with some thoughts on the way forward in forging a pluralistic interna- tional criminal justice jurisprudence that does not sacrifice a universalist commitment. TABLE OF CONTENTS The Case for Pluralism: The View from the Margin of Appreciationv ......................................... 67 The Merely Pragmatic Case for Pluralism .................. 68 1. Full Professor and Dawson Scholar, Faculty of Law, McGill University. I am grateful to partici- pants of the cosmopolitan pluralism and international criminal justice workshop at Leeds University on January 10-11, 2019, and for comments and feedback from Flies van Sliedregt, Paul Schiff Berman, Alex Green, and Lachezar Yanev on a previous version of this paper. Thank you to Wanshu Cong for invaluable assistance. Funding for this research was provided by the Social Sciences and Humanities Research Council of Canada via the Canadian Partnership for International Justice.

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline.

Purchase Access

Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most