"Legalist Realism" by Mark A. Drumbl

Alternate Title

Legalist Realism

Mark A. Drumbl, Washington and Lee University School of LawFollow

Keywords

international criminal law, atrocity, justice, memory of Megan Fairlie

Abstract

This article explores the scholarly footprint of Professor Megan Fairlie. This is a footprint of 'legalist realism'. Professor Fairlie was greatly concerned with legalism, in other words, the centrality of due process, the rights of the defendant, and human dignity in trials of individuals accused of the most heinous crimes. She was committed to put the law in international criminal law. And her view was one of realism, notably, that the structure of international institutions must be mindful of power politics, and expectations and ambitions ought to recognize the limitations and possibilities of politics in order to retain legitimacy and activate accountability. Hence, her work roots in realism at the same time. This appears in her work exploring how the International Criminal Court should speak to the United States so as, to create reciprocity in which the United States might support the Court.