With the sensational arrest of former Chilean dictator Augusto Pinochet in 1998, the increase to prominence of common jurisdiction over crimes opposed to foreign legislation appeared to be guaranteed. The arrest of Pinochet and the consequent complaints earlier than the united kingdom courts introduced common jurisdiction into the foreground of the "fight opposed to impunity" and the main used to be learn as a tremendous complementary mechanism for overseas justice –one that can supply justice to sufferers denied an road by means of the restricted jurisdiction of foreign legal tribunals. but by the point of the overseas courtroom of Justice’s Arrest Warrant judgment 4 years later, the image regarded a lot bleaker and the primary used to be being learn as a possible software for politically inspired trials.

This publication explores the controversy over common jurisdiction in foreign felony legislation, aiming to unpack a convention during which overseas legal professionals proceed to disagree over the idea that of common jurisdiction. utilizing Martti Koskenniemi’s paintings as a foil, this ebook exposes the argumentative options in operation in nationwide and foreign adjudication because the Nineteen Nineties. Drawing on overarching styles in the debate, Aisling O’Sullivan argues that it really is bounded via a stress among contrasting political personal tastes or positions, labelled as moralist ("ending impunity") and formalist ("avoiding abuse") and he or she reads the controversy as a circulation of hegemonic and counter-hegemonic positions that fight for hegemonic regulate. in spite of the fact that, she attracts out how those positions (moralist/formalist) merge into each other and this produces an inclination in the direction of a "middle" place that maintains to desire a selected choice (moralist or formalist). Aisling O’Sullivan then strains the transformation in the direction of this tendency that displays an inner cut up between foreign attorneys among development a utopia ("court of humanity") and spotting its impossibility of being realized.