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When Lawyers Speak for Nations: The Fiction of One Voice
When a state lawyer stands before the International Criminal Court and says "The State of X submits," they perform a legal fiction: a nation with no mouth speaks with one voice, binding millions who may profoundly disagree. This episode explores how government lawyers grapple with claiming to represent citizens who protest their own government's legal positions. We examine the Hobbesian roots of this fiction, the coping strategies of solicitors general, the footnote that acknowledged dissent in the Chagos Islands case, and the legitimacy gap that follows when states lose — and win. From South…
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