Abstract
This article explores the practical and philosophical issues associated with bringing diverse moral conceptions into the judgments of international crimes. It is argued that a Habermasian view of cosmopolitan law provides a possibility for envisioning the way international courts can contribute to a universal morality across culturally disparate human rights conceptions. It is also argued that the most universally acceptable human rights conceptions reflect a convergence of procedures and substance. The author explores the treatment of rape in international war crimes tribunals in order to demonstrate how these judgments advance a more universally-acceptable human rights conceptions.
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Barbara Korth Faculty of Education. Indiana University 201 North Rose Ave Bloomington IN 47405, USA.
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Korth, B. Establishing Universal Human Rights through War Crimes Trials and the Need for Cosmopolitan Law in an Age of Diversity. Liverpool Law Rev 27, 97–123 (2006). https://doi.org/10.1007/s10991-005-5349-y
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DOI: https://doi.org/10.1007/s10991-005-5349-y