Humboldt University of Berlin
The University of Exeter, the Leipzig Centre for the History and Culture of East-Central Europe (GWZO), and the Humboldt University of Berlin
24 – 26 November 2016
Call for Papers Deadline: 15 June 2016
State Socialism, Legal Experts and the Genesis of International Criminal and Humanitarian Law after 1945
In the history of international law, the socialist bloc has been generally relegated to the role of roadblock to the fulfillment of the ideals of Western liberalism. Scholars of international criminal law (ICL) and international humanitarian law (IHL) have often dismissed the contributions of socialist legal initiatives as little more than Cold War propaganda and thus irrelevant to understanding the historical evolution of judicial norms and the modern international system. The establishment of different international tribunals since the collapse of the Soviet Union has only reinforced the notion that the socialist world was little more than an impediment to progress. Nevertheless, the American-led global war on terror has done much to call into question Western commitment to the laws of war.
This conference seeks to explore the role of state-socialist intellectuals, experts and governments in shaping the evolution of ICL and IHL since the end of the Second World War. Actors from Eastern Europe, the USSR, and East Asian and African socialist states actively participated in international debates regarding international legal norms, the meaning of state sovereignty, and in the negotiation of all major ICL and IHL conventions after 1945. In various cases the socialist bloc was often more enthusiastic, and timely, in supporting and ratifying international legal agreements than Western governments, even if these initiatives were inseparable from political agendas. Although they systematically opposed the creation of international tribunals, experts from socialist countries led the way in many areas, such as the codification of crimes against peace and Apartheid or the elimination of statutory limitations for major ICL offences. The socialist world participated also in debates over the international legal status of drug conflicts and revolutionary groups funded by narcotics trafficking. Deliberations on the criminalization of terrorism and the regulation of armed conflicts were closely linked to the politics of “wars of liberation” by socialist forces in Africa, South-East Asia, and Latin America. Socialist legal experts were active participants in transnational epistemic communities and engaged in broader global projects, initiatives, and mobilizations across the Cold War divide.
We encourage proposals on the following topics, and from scholars working on socialist regimes, experts and movements across the world. You are welcome to submit proposals on other themes related to this topic.
The contributions of the socialist countries and experts to debates on the general principles of ICL and IHL (the relationship between municipal and international law; the sources of ICL; the relationship between state sovereignty, ICL and IHL etc.).
Socialist challenges to western liberal humanitarian doctrines and conventions (i.e. Peace proposals as alternative to new Geneva conventions, rejection of equality of nations before the law in cases of aggressive war, etc.)
The role of socialist elites, legal experts, and courts in the development of specific fields of international crimes such as war crimes, genocide, crimes against humanity, and to acts of transnational criminality, such as terrorism, illicit drug trafficking, the arms trade, smuggling of nuclear materials, and trafficking in persons and slavery. The evolution of ICL and IHL discourse, ideas, and initiatives in state-socialist countries.
The role of the Red Cross and other humanitarian NGOs in the socialist world (i.e. North Vietnamese rejection of ICRC protection for US POWs, the creation of local Red Cross organizations in the Eastern Bloc, etc.)
Assessments of the continuing legacies and contributions of state socialist traditions of engagement with ICL and IHL on justice processes after 1989/91.
Abstracts of 300-500 words, together with an accompanying short CV should be submitted to Natalie Taylor (N.H.Taylor@exeter.ac.uk) by 15th June 2016.
The selected participants will be notified by 1st July 2016. They are then expected to submit their papers by 1st November 2016.
Funding opportunities for travel and accommodation are available, but we ask that potential contributors also explore funding opportunities at their home institutions.
Raluca Grosescu‘s co-edited volume “Transitional Criminal Justice in Post-Dictatorial and Post-Conflict Societies” is now available as part of Intersentia’s Series on Transitional Justice.
Edited alongside Agata Fijalkowski, a Senior Lecturer in Law at Lancaster University, the volume considers the important and timely question of criminal justice as a method of addressing state violence committed by non-democratic regimes. Its main objectives concern a fresh, contemporary, and critical analysis of transitional criminal justice as a concept and its related measures, beginning with the initiatives that have been put in place with the fall of the Communist regimes in Europe in 1989.
The collection argues for a re-thinking and re-visiting of filters scholars use to interpret the main issues of transitional criminal justice. Such things as: the relationship between judicial accountability, democratisation and politics in transitional societies; the role of successor trials in re-writing history; the interaction between domestic and international actors and specific initiatives in shaping transitional justice; and the paradox of time in enhancing accountability for human rights violations. In order to accomplish this, the volume considers cases of domestic accountability in the post-1989 era, from different geographical areas, such as Europe, Asia and Africa, in relation to key events from various periods of time. In this way the approach, which investigates space and time-lines in key examples, also takes into account a longitudinal study of transitional criminal justice itself.
Transitional Criminal Justice in Post-Dictatorial and Post-Conflict Societies will be available from Intersentia as part of their Series on Transitional Justice.