Revisiting Victor's Justice: Structural Selectivity and its Limits

Kishwar, Sanya Darakhshan ORCID: https://orcid.org/0000-0001-6716-0728 and Arun, Nandana (2026) Revisiting Victor's Justice: Structural Selectivity and its Limits. HILSR Law Review, 2. pp. 1-11. Jamia Hamdard . ISSN 3108-141X Available at: https://www.jamiahamdard.ac.in/uploads/files/1__RE...

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Abstract

This essay attempts to explain why the critique of the Nuremberg Tribunal as ‘victor’s justice’ still applies to modern-day international courts and tribunals and why victor’s justice, to a certain extent at least, is inevitable and structurally embedded within the system. The paper argues that Victor’s Justice persists in the modern international criminal law, not due to moral failure or historical sedimentation alone, but because of the selectivity that has become structurally entrenched in the enforcement, political creation, and expressive function of the punishment. It then identifies the structural conditions that render this form of justice inevitable, while also critically engaging with the limits of such inevitability by distinguishing between doctrinal neutrality and political interference. The essay concludes by underscoring that the critique of victor’s justice is both inevitable and structurally inherent, necessitating sustained discussion and critique as a prerequisite for meaningful change.

Item Type: Article
Uncontrolled Keywords: Victor’s justice | International criminal law | Nuremberg tribunal | Structural selectivity | International criminal tribunals
Subjects: Social Sciences and humanities > Social Sciences > Law and Legal Studies
Divisions: Jindal Global Law School
Vol/Issue no. published date: September 2026
Depositing User: Mr. Syed Anas Ali
Date Deposited: 23 Sep 2026 04:21
Last Modified: 29 Sep 2026 07:14
Official URL: https://www.jamiahamdard.ac.in/uploads/files/1__RE...
URI: https://pure.jgu.edu.in/id/eprint/12659

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