s.VIII Boundaries, Ch.32 International Criminal Law and Culture

2020 ◽  
Author(s):  
Cheah WL
Keyword(s):  
Criminal Justice ◽  
Criminal Law ◽  
Cultural Difference ◽  
International Criminal ◽  
International Criminal Law ◽  
International Criminal Justice ◽  
International Criminal Tribunals ◽  
Time Culture

This chapter deals with the tension that exists between international criminal law and ‘culture’. Operating in societies where the very meaning of punishment is contested, international criminal justice is often faced with a cultural challenge that endangers its legitimacy. At several levels, it exerts a marginalizing or exclusionary effect on the culturally dissimilar, while constructing certain understandings of cultural difference. The universalism of international criminal justice is hardly ever taken for granted by the actors that confront it, particularly in a context where justice itself appears to be cultural. At the same time, culture is contested, and local forms of justice may be challenged as merely reflecting certain groups’ agendas. Finally, international criminal tribunals’ encounter with audiences coming from a variety of cultures suggests a potential for confusion and misunderstanding.

Treatise on International Criminal Law

2021 ◽  
Author(s):  
Ambos Kai
Keyword(s):  
Criminal Justice ◽  
Criminal Law ◽  
International Criminal ◽  
Criminal Responsibility ◽  
General Structure ◽  
Case Law ◽  
International Criminal Law ◽  
International Criminal Justice ◽  
International Criminal Tribunals ◽  
Previous Edition

This second edition of Volume I of the three-volume Treatise on International Criminal Law addresses the foundations of international criminal law and the emerging general principles. It examines the history of the discipline and the concepts behind it. Starting with the development of international criminal justice, the book proceeds as follows: it attends to the sources of international criminal law, then moves to investigate the general structure of crime in international criminal law, and addresses in detail the concept and forms of individual criminal responsibility; it then turns to the subjective requirements of criminal responsibility, and defences that exclude such responsibility. International criminal justice is a flourishing field, with the birth of new international criminal tribunals and both accountability and investigative mechanisms. Case law increases rapidly, so does the ensuing substantive scholarship. This is also true for international criminal law’s foundations and general principles, treated in this volume. Thus, the previous edition has been completely revised, updated, and rewritten in some parts. The author strived to include both relevant case law and scholarly work up to March 2021.

s.III Rationales, Ch.9 Taking Internationalism Seriously: Why International Criminal Law Matters

2020 ◽  
Author(s):  
Gur-Arye Miriam ◽  
Harel Alon
Keyword(s):  
Criminal Justice ◽  
Criminal Law ◽  
International Institutions ◽  
International Criminal ◽  
International Justice ◽  
International Criminal Law ◽  
International Criminal Justice ◽  
Penal Institutions ◽  
Traditional Institutions ◽  
Domestic Level

This chapter focuses on why international criminal law (ICL) matters, by generating a distinctive philosophical vision for the project of international criminal justice. Specifically, this chapter rejects the notion that ICL is simply a gap-filler for ineffective penal institutions at the domestic level. So much of the literature is characterized by an assumption, buttressed by the International Criminal Court’s complementarity principle, that international tribunals simply spring into action to resolve the lacunae in domestic legal processes when armed conflict or other disruptions dismantle traditional institutions for criminal enforcement. In contrast, the chapter argues that the goods of ICL and the values it promotes can only be provided by international entities. In that respect, international justice is not a second-best alternative to domestic justice but is, rather, necessarily international because international institutions are specifically designed to redress wrongs that harm the interests of the international community as a whole.

Responsibility for Bystanders in Mass Crimes: Towards a Duty to Rescue in International Criminal Justice

2017 ◽  
Vol 17 (5) ◽  
pp. 879-908
Author(s):  
Auriane Botte-Kerrison
Keyword(s):  
Criminal Justice ◽  
Criminal Law ◽  
International Criminal ◽  
Common Law ◽  
Civil Law ◽  
International Criminal Law ◽  
International Criminal Justice ◽  
Attribution Of Responsibility ◽  
The Social ◽  
Collective Dimension

This article examines the viability of integrating the duty to rescue concept in international criminal justice to deal with the responsibility of bystanders. Despite the fact that they often contribute to create the social context in which mass crimes occur, bystanders are almost absent from the scope of international criminal justice, focusing mainly on the perpetrators and the victims. This article explores a possible avenue to fill this gap so that the attribution of responsibility for mass crimes can be more coherent with their collective dimension. It assesses whether the duty to rescue concept, commonly found in the legislation of civil law countries, could provide a ‘ready-made’ solution to deal with bystander responsibility. Following a comparative analysis of the different approaches to the duty to rescue in civil law and common law countries, it examines how the duty to rescue would fit with similar concepts in international criminal law.

International Criminal Law as Expressivist Justice

2020 ◽  
pp. 391-416
Author(s):  
Carsten Stahn
Keyword(s):  
Criminal Justice ◽  
Criminal Law ◽  
International Criminal ◽  
International Criminal Law ◽  
International Criminal Justice ◽  
Criminal Proceedings ◽  
Different Dimensions

This chapter connects expressivism to justice discourse and different dimensions of justice. It claims that expressivism has a more complex role in international criminal justice than publicly admitted. It is a means to reaffirm the purposes and ambitions of the field and to encourage commitment to it, and to enact and perform law. It also provides a more realistic understanding of justice. It views justice not as something ‘objective’ or ‘definitive’ that can be delivered through criminal proceedings, but rather as an intersubjective process that is triggered through messages and communicative relationships: justice is a message.

Beyond the Juristic Orientation of International Criminal Justice: The Relevance of Criminological Insight to International Criminal Law and its Control A Commentary

2010 ◽  
Vol 10 (1) ◽  
pp. 97-110 ◽  
Author(s):  
Dawn Rothe ◽  
Christopher Mullins
Keyword(s):  
Criminal Justice ◽  
Criminal Law ◽  
International Criminal Court ◽  
International Criminal ◽  
Criminal Court ◽  
International Criminal Law ◽  
Deterrent Effect ◽  
International Criminal Justice ◽  
Crime Commission ◽  
Empirical Fact

AbstractThis article draws attention to the relevance of criminological insight on issues of international criminal law and criminal justice. In particular, the ideology and theory of deterrence, legitimacy, and international criminal law are drawn from. After all, the deterrent effect has been touted as a solid empirical fact with the progression and development of 'international criminal justice', the international tribunals since the mid 1990s, and the International Criminal Court. Yet, the current rather blind belief in the deterrent impact of international criminal justice remains, regretfully, a bit premature. Additionally, beyond the concepts of deterrence and legitimacy, criminologists have much to contribute to international criminal justice. As noted, there are social, political, cultural, and geographical issues that play a role in not only crime commission, but in the hindrance of and/or facilitation of deterrence. Criminologists are well positioned to show how these connections may facilitate or hinder the broader goals of the legal community.

Personal Remarks on Antonio Cassese and His Vision of International Law and International Criminal Justice along the Road He Walked

2012 ◽  
Vol 25 (2) ◽  
pp. 503-510
Author(s):  
SALVATORE ZAPPALA
Keyword(s):  
Criminal Justice ◽  
International Law ◽  
Criminal Law ◽  
International Criminal ◽  
International Criminal Tribunal ◽  
Academic Community ◽  
International Criminal Law ◽  
International Criminal Justice ◽  
Prolific Author ◽  
The Road

AbstractThis article is a journey through the life of Antonio Cassese, a giant of international law, no doubt one of the most prominent international lawyers of the twentieth century, and the ‘architect of international criminal justice’. From his first steps in the academic community in Pisa in the early 1960s to his well-known contributions as first president of the International Criminal Tribunal for the former Yugoslavia, he became a prolific author and editor of seminal books and commentaries on international law and international criminal law, as well as founder of groundbreaking law journals.

s.VII Anxieties, Ch.27 The Crises and Critiques of International Criminal Justice

2020 ◽  
Author(s):  
Vasiliev Sergey
Keyword(s):  
Criminal Justice ◽  
International Criminal ◽  
Criminal Court ◽  
International Criminal Law ◽  
International Criminal Justice ◽  
International Criminal Tribunals ◽  
Institutional Politics ◽  
Constructive Dialogue ◽  
Normative Expectations ◽  
Legitimacy Crisis

It is often heard that international criminal justice is in ‘crisis’. Although the language of ‘crisis’ suggests a temporary and exceptional moment, the project of international criminal justice has essentially been in a legitimacy crisis since its emergence. International criminal tribunals have never been able to cleanse their ‘original sin’: despite their aspiration to transcend state power, they remain not just heavily dependent on it but also constrained and directed by it in their pursuit of ‘justice’. The more finessed the doctrine becomes, the more professionalised the practice, and the more sophisticated the institutions, the more evident is the inability of international criminal law to challenge the persisting power inequalities and address structural injustices of the international order. Against this background, this chapter diagnoses the state of the field by appraising the dynamics and quality of communication between its ‘mainstream defenders’ and the ‘radical critics’. It outlines the critics’ objectives and modes of engagement with the project and shows why some of the defensive impulses of the ‘mainstream’ fall short of effective responses to the critiques. The opposing sides to the debate about the legitimacy of international criminal justice seem to seldom think together and converse in earnest, despite having overlapping normative expectations towards the project. The chapter expresses a hope for a genuine, constructive dialogue between them, free of counterproductive tropes and tactics. The critical sensibility trickling into the ‘mainstream’ could help transform the institutional politics of the International Criminal Court and enable the project to realize its emancipatory potential.

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