chapter  5
24 Pages

Making International Criminal Procedure Work: From Theory to Practice

This chapter explores the current and apparent synergy between globalisation, a risk/security nexus, and the structure and form of international criminal justice and governance, particularly in the context of international terrorism. It focuses on the tension between the legitimating capacity of international criminal justice as a crucial agency of governance, against the reversion to violent and intimidatory control practices of para-justice. The 'new' globalisation considered takes mass communication as a given and modernisation as the medium for the advancement of international political hegemony. In the sense of globalised governance within the 'new' globalisation, the dominant political hegemony has tended to define what is knowable and 'more importantly to produce truth selectively'. Predominant and prevailing notions of 'truth' are essential in the struggle over the legitimacy of international governance. The risk of unrestrained state authorities, of arbitrary power and the violation of civil liberties seems no longer to figure prominently in public concern.