STATE SOCIALISM, LEGAL EXPERTS AND THE GENESIS OF INTERNATIONAL CRIMINAL AND HUMANITARIAN LAW AFTER 1945
24 – 26 November 2016
Humboldt University of Berlin
The University of Exeter, the Leipzig Centre for the History and Culture of East-Central Europe (GWZO), and the Humboldt University of Berlin
In the history of international law, the socialist bloc has been generally relegated to the role of roadblock to the fulfillment of the ideals of Western liberalism. Scholars of international criminal law (ICL) and international humanitarian law (IHL) have often dismissed the contributions of socialist legal initiatives as little more than Cold War propaganda and thus irrelevant to understanding the historical evolution of judicial norms and the modern international system. The establishment of different international tribunals since the collapse of the Soviet Union has only reinforced the notion that the socialist world was little more than an impediment to progress. Nevertheless, the American-led global war on terror has done much to call into question Western commitment to the laws of war.
This conference seeks to explore the role of state-socialist intellectuals, experts and governments in shaping the evolution of ICL and IHL since the end of the Second World War. Actors from Eastern Europe, the USSR, and East Asian and African socialist states actively participated in international debates regarding international legal norms, the meaning of state sovereignty, and in the negotiation of all major ICL and IHL conventions after 1945. In various cases the socialist bloc was often more enthusiastic, and timely, in supporting and ratifying international legal agreements than Western governments, even if these initiatives were inseparable from political agendas. Although they systematically opposed the creation of international tribunals, experts from socialist countries led the way in many areas, such as the codification of crimes against peace and Apartheid or the elimination of statutory limitations for major ICL offences. The socialist world participated also in debates over the international legal status of drug conflicts and revolutionary groups funded by narcotics trafficking. Deliberations on the criminalization of terrorism and the regulation of armed conflicts were closely linked to the politics of “wars of liberation” by socialist forces in Africa, South-East Asia, and Latin America. Socialist legal experts were active participants in transnational epistemic communities and engaged in broader global projects, initiatives, and mobilizations across the Cold War divide.