000 01717cam a2200157 4500500
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041 _afre
042 _adc
100 1 0 _aRingelheim, Julie
_eauthor
245 0 0 _aAdjudicating “race” and “ethnicity”: International courts and the dilemmas of the racial lexicon
260 _c2020.
500 _a42
520 _aHow do three international courts – the International Criminal Tribunal for Rwanda, the International Criminal Tribunal for the former Yugoslavia and the European Court of Human Rights – interpret the concepts of race and ethnicity when it is necessary to do so in order to rule on cases brought before them? While international judges are increasingly uncomfortable with the older, rigid and essentializing visions of these notions, the search for new modes of elucidating them has taken place via a process of trial and error that has been a source of hesitation and ambiguity. The three courts characterize the issue that arises for them as an opposition between objective and subjective approaches to race and ethnicity. Upon examination, this distinction is revealed to be partly misleading as it masks the plurality of competing issues and conflates what are in reality contradictory positions. One further observes certain differences in the approach taken by the European Court, on the one hand, and the two international tribunals, on the other hand, that may partly be explained by the distinct structural constraints that impinge upon them.
786 0 _nCritique internationale | o 86 | 1 | 2020-02-28 | p. 91-113 | 1290-7839
856 4 1 _uhttps://shs.cairn.info/journal-critique-internationale-2020-1-page-91?lang=en&redirect-ssocas=7080
999 _c417753
_d417753