Neo-Grotian Predicaments: On Larry May's Theory of International Criminal Law

This review essay strives to cast a critical, yet admiring, look at Larry May’s project of delivering a normative foundation for international criminal law. I start by summarizing the main arguments in three books and then isolate a few key themes that run through all of May’s writings: moral minimalism, natural law and defendant-orientation. The final part of the paper points to possible objections to May’s overall project. These objections are grounded in the observation that – despite its unique breadth and sophistication – May’s endeavour lacks an appreciation of the political dimension of international law. This charge is not necessarily meant as a fundamental challenge to the project, but rather as an argument to the effect that even the most elaborate system of thought contains blind spots that might warrant justified criticism.