David J. Luban (Georgetown University Law Center) has posted Hannah Arendt as a Theorist of International Criminal Law to SSRN. From the abstract:

This paper examines Hannah Arendt’s contributions as a theorist of international criminal law…The paper focuses on four issues: (1) Arendt’s conception of international crimes as universal offenses against humanity, and the implications she draws for theories of criminal jurisdiction; (2) her “performative” theory of group identity as acts of political affiliation and disaffiliation, from which follows a radically different account of the crime of genocide than that of Raphael Lemkin; (3) the “banality of evil,” and its relation to legal conceptions of mens rea; and (4) her ultimately inconclusive assessment of law’s capacity to confront the radically unprecedented crimes of regimes that are themselves criminal, and which systematically invert the values necessary to distinguish legal rules from exceptions.

 

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