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Chapter 6 starts from the insight that, despite international criminal law’s focus on individual responsibility, atrocity crimes are often a result of structural violence and ditto injustices: discrimination, social exclusion, exploitation, and so on. If the violence is structural, the suffering becomes social, that is, inherent in societal structures. The question remains how the legal order can respond to structural injustice and social suffering. The chapter argues that these forms of injustice register as ‘silent claims’ at the brink of the legal order, questioning its boundaries.
In Law and Inhumanity, Luigi Corrias explores fundamental philosophical issues underlying the law and politics of atrocity crimes within international criminal justice. Focusing on understanding the experiences of victims and perpetrators, Corrias draws on numerous disciplines to construct his conceptual framework while also using several case studies to examine important issues including references to 'humanity' in the discourse on atrocity crimes; the need for a first-person plural perspective of a 'We' within international criminal justice; the experiences of dehumanization of both victims and perpetrators; the temporalities of suffering and justice; and the tension between individual criminal responsibility and structural violence.
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