Scales of Justice: “International Standards” and “Local Ownership” at a Hybrid Tribunal

2021 
This paper argues that a politics of scale plays a fundamental but uninterrogated role in internationalised criminal justice processes such as hybrid tribunals. Scale discourses—producing specific notions of “the international” and “the local”—are so naturalised in these endeavours that their regressive effects remain unacknowledged. Following Annelise Riles’ ground-breaking analysis of the politics of scale in colonial law, and feminist critiques of scale discourse in accounts of globalisation and conflict, we think critically about “the international” and “the local” in a postcolonial and post-conflict justice context. Using the case of the Extraordinary Chambers in the Courts of Cambodia (ECCC), we specifically examine the operation and effects of discourses of “international standards” and “local ownership”. We argue that denaturalising scale in international criminal justice would serve a wider project to decolonise international law and address the specific forms of disenfranchisement currently enacted by dominant “scales of justice”.
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