Document Type
Article
Publication Date
2021
ISSN
1939-9111
Publisher
Duke University School of Law
Language
en-US
Abstract
Our contemporary moment of reckoning presents an opportunity to evaluate racial subordination and structural inequality throughout our three-tiered domestic, transnational, and international criminal law system. In particular, this Essay exposes a pernicious racial dynamic in contemporary U.S. global criminal justice policy, which I call othering across borders. First, this othering may occur when race emboldens political and prosecutorial actors to prosecute foreign defendants. Second, racial animus may undermine U.S. engagement with international criminal legal institutions, specifically the International Criminal Court. This Essay concludes with measures to mitigate such othering.
Recommended Citation
Steven A. Koh,
Othering Across Borders
,
in
70
Duke Law Journal Online
171
(2021).
Available at:
https://scholarship.law.bu.edu/faculty_scholarship/3084
