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Criminalizing Atrocity

The Global Spread of Criminal Laws against International Crimes

Mark S. Berlin (Assistant Professor of Political Science, Assistant Professor of Political Science, Marquette University)

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English
Oxford University Press
27 February 2020
Why do countries adopt criminal legislation making it possible to prosecute government and military officials for human rights violations? Over the past thirty years, dozens of countries have prosecuted their own or other states' officials for past atrocities. In Criminalizing Atrocity, Mark Berlin tells the story of the global spread of national criminal laws against atrocity crimes - genocide, war crimes, and crimes against humanity - laws that have helped pave the way for this remarkable trend toward greater accountability. He traces the early 20th-century origins of national atrocity laws to a group of influential European criminal law scholars and explains the global patterns by which these laws have since spread.

Berlin shows that understanding why countries criminalize atrocities requires understanding how they do so. In many cases, criminalization has not been the result of concerted government initiative, but of inconspicuous choices made by technocratic legal experts who have been delegated authority to draft large-scale reforms to countries' national criminal codes. Drawing on research in comparative law and norm diffusion, Berlin explains how such reform projects prompt technocratic drafters to select legal ideas, like atrocity laws, that have been endorsed by their professional communities and deemed by drafters to be important features of a ''modern'' criminal code. To test this argument, Berlin draws on original quantitative and qualitative data, including in-depth case studies of Guatemala, Poland, Colombia, and the Maldives, and a new, comprehensive dataset tracking the global spread of atrocity laws since Word War II. The book's findings highlight the importance of professional communities in the modern renaissance of atrocity justice and the domestication of international legal norms.

By:  
Imprint:   Oxford University Press
Country of Publication:   United Kingdom
Dimensions:   Height: 240mm,  Width: 160mm,  Spine: 19mm
Weight:   1g
ISBN:   9780198850441
ISBN 10:   0198850441
Pages:   268
Publication Date:  
Audience:   Professional and scholarly ,  College/higher education ,  Undergraduate ,  Further / Higher Education
Format:   Hardback
Publisher's Status:   Active

Mark S. Berlin is an assistant professor of Political Science at Marquette University. His research examines how international law shapes countries' domestic laws and institutions, with a focus on human rights and criminal law. His research has been supported by the U.S. National Science Foundation, and he is a former guest researcher at the Peace Research Institute Frankfurt (PRIF).

Reviews for Criminalizing Atrocity: The Global Spread of Criminal Laws against International Crimes

Overall, this is a deeply interesting and richly researched book that provides a welcome contribution, filling a gap in our understanding of the legal and normative adoption of international criminal provisions against atrocity. Policy audiences, academic researchers of criminal law, and International Relations and legal technocrats alike will benefit from reading it. * Audrey L. Comstock, International Affairs * Mark Berlin's Criminalizing Atrocity significantly advances existing understandings of the criminalization of genocide, war crimes, and crimes against humanity during the postwar era. * Paul Morrow, Perspectives on Politics * In summary, this is a fantastic book. Political scientists will find that Berlin's research joins the recent wave of pathbreaking scholarship that has emerged within political science that focuses on the study of legal institutions outside constitutional courts and constitutional law. * Veronica Michel, Genocide Studies and Prevention: An International Journal *


  • Winner of Winner, 2022 Best Book Award, Human Rights Section of the International Studies Association.

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