Migration and the Demand for Transnational Justice

• In Event: International Cooperation, Domestic Politics, and Nonstate Actors

Abstract

Domestic courts sometimes prosecute foreign nationals for severe crimes—such as crimes against humanity, genocide, torture, and war crimes—that are committed on foreign territory against foreign nationals. For example, German officials are currently prosecuting ISIL members for crimes committed in Syria. Many of the states that prosecute such crimes vigorously are former colonial powers, like Belgium, Germany, Spain, and the UK. Is transnational criminal justice a manifestation of imperial power, or do other forces drive transnational justice? More generally, why are domestic courts willing to hear such cases? We argue that transnational justice is driven by two key forces. First, legal doctrines that enable these claims are historically rooted in colonial practices. Colonialism thus affects the supply of transnational justice. Second, the actual migration of victims, which is usually rooted in economic motivations, drives the demand for transnational justice. Transnational justice is most likely when both of these conditions--of supply and demand--are met. Our research identifies an important and unexamined effect of migration flows on domestic politics, and also contributes to the legal debate over the enduring impact of colonialism on international law.

Author

• Margaret E. Peters, University of California, Los Angeles