Revising the "Hibernation" Narrative: Technocratic Legal Experts and the Cold War Origins of the "Justice Cascade"

Authors

Mark S. Berlin, Marquette UniversityFollow

Document Type

Article

Language

eng

Publication Date

11-2020

Publisher

Johns Hopkins University Press

Source Publication

Human Rights Quarterly

Source ISSN

0275-0392

Abstract

Accounts of the rise of atrocity justice often characterize the Cold War decades as a time of "hibernation." I argue that this hibernation narrative, and explanations for the rise of atrocity justice in general, overlook important developments during the Cold War period that later helped facilitate the so-called "justice cascade." Specifically, this period witnessed consequential advancements in the institutionalization, domestication, and professionalization of international criminal law. In contrast to studies that emphasize the roles of civil society activists or policymakers in the rise of atrocity justice, the developments I highlight were often driven by the work of technocratic legal experts.

Comments

Accepted version. Human Rights Quarterly, Vol. 42, No. 4 (November 2020): 878-901. DOI. © 2020 Johns Hopkins University Press. Used with permission.

Recommended Citation

Berlin, Mark S., "Revising the "Hibernation" Narrative: Technocratic Legal Experts and the Cold War Origins of the "Justice Cascade"" (2020). Political Science Faculty Research and Publications. 82.
https://epublications.marquette.edu/polisci_fac/82