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Contents
- Preliminary Material
- Acknowledgements
- Table of Contents
- Table of Cases
- International Criminal Courts and Tribunals
- International Court of Justice (ICJ)
- International Criminal Court (ICC)
- East Timorese Special Panel for Serious Crimes (SPSC)
- International Military Tribunal (Nuremberg)
- Special Tribunal for Lebanon (STL)
- International Criminal Tribunal for Rwanda (ICTR)
- Special Court for Sierra Leone (SCSL)
- International Criminal Tribunal for the Former Yugoslavia (ICTR)
- Other Courts and Jurisdictions
- Human Rights Courts
- International Criminal Courts and Tribunals
- Table of Primary Legislation
- Table of International Treaties and Conventions
- List of Contributors
- Main Text
- Introduction
- s.I Actors
- Ch.1 An Empirical Analysis of International Criminal Law: The Perception and Experience of the Accused
- Ch.2 Defence Perspectives on Fairness and Efficiency at the International Criminal Court
- Ch.3 Neither Here nor There: The Position of the Defence in International Criminal Tribunals
- I Introduction: The Symbolic Inclusion of the Defence
- II The Foundational Balancing Away of the Defence
- III The Procedural Balancing Away of the Defence
- IV The Institutional Balancing Away of the Defence
- V The Systemic Balancing Away of the Defence
- VI Concluding Thoughts: Working on the Periphery as Defence Counsel
- Ch.4 The Creation of an AD Hoc Elite: And the Value of International Criminal Law Expertise on a Global Market
- Ch.5 Teachings of Publicists and the Reinvention of the Sources Doctrine in International Criminal Law
- s.II Spaces
- Ch.6 Legitimacy in War and Punishment: The Security Council and the ICC
- Ch.7 Africa and International Criminal Law
- Ch.8 On Regional Criminal Courts as Representatives of Political Communities: The Special Case of the African Criminal Court
- s.III Rationales
- Ch.9 Taking Internationalism Seriously: Why International Criminal Law Matters
- Ch.10 Impunities
- Ch.11 Courting Failure: When Are International Criminal Courts Likely to be Believed by Local Audiences?
- s.IV Crimes
- Ch.12 ‘What is An International Crime?’
- Ch.13 A Theory of International Crimes: Conceptual and Normative Issues
- Ch.14 From Aggression to Atrocity: Rethinking the History of International Criminal Law
- Ch.15 Enslavement as a Crime against Humanity: Some Doctrinal, Historical, and Theoretical Considerations
- s.V Modalities
- Ch.16 A Criminological Approach to the ICC’s Control Theory
- Ch.17 The Two Cultures of International Criminal Law
- I Introduction
- II Expansionism in International Criminal Law
- III The ‘Franconian’ Culture of International Criminal Law: Sources-Based Expansionism
- IV The Roman culture of international criminal law: hermeneutic expansionism
- V Concluding Remarks: Cultural Transformation and the Contradictory Beliefs of International Criminal Lawyers
- Ch.18 Immunity and Impunity
- Ch.19 Epistemological Controversies and Evaluation of Evidence in International Criminal Trials
- I Introduction
- II Intuitive Holistic Approach v. Deconstruction
- III Is the Standard of Proof for Conviction Subjective or Objective?
- IV Mathematical Methods in Evaluating Evidence
- V Criticism Against the Beyond Reasonable Doubt Standard
- VI Is Fact-Finding at the International Level Possible? The Turn to Empirical Legal Scholarship
- VII Conclusions
- Ch.20 The Right to Truth in International Criminal Law
- Ch.21 From Machinery to Motivation: The Lost Legacy of Criminal Organizations Liability
- s.VI Narratives
- s.VII Anxieties
- Ch.26 International Criminal Tribunal Backlash
- I Introduction
- II International Criminal Tribunals: Opposition (and Backlash)
- III Defining Backlash
- IV A Theory-Informed Approach to International Criminal Tribunal Backlash
- V South Africa and the International Criminal Court: Archetypal Backlash
- VI Serbia and the ICTY: Persistent Backlash
- VII Lebanon and the Special Tribunal: Absent Backlash
- VIII Conclusion
- Ch.27 The Crises and Critiques of International Criminal Justice
- Ch.28 Hangman’s Perspective: Three Genres of Critique following Eichmann
- Ch.29 Inequality of Arms Reversed?: Defendants in the Battle for Political Legitimacy
- Ch.26 International Criminal Tribunal Backlash
- s.VIII Boundaries
- Ch.30 International Criminal Law and the Subordination of Emancipation: The Question of Legal Hierarchy in Transitional Justice
- I Introduction
- II Transitional Justice Hierarchy in Action: Sudan Referral
- III Conceptual Background and Legal Origins: Legal Accountability and Social Emancipation
- IV Legal Hegemony of International Criminal Law in International Transitional Justice
- V Abandon Rights? The Power of Human Rights in Transitional Justice
- VI What Does This Critique Tell Us?
- Ch.31 International Criminal Justice and Humanitarianism
- Ch.32 International Criminal Law and Culture
- I Introduction
- II International Criminal Law’s Encounter of Cultural Difference
- III ICL Courts and other Culturally-Informed Post-Conflict Justice Processes: Competing Conceptions of Justice
- IV Norm Construction and Trial Participation: Domestic Legal Cultures as ICL Resource
- V The Multicultural ICL Trial: Cross-Cultural Communication Challenges and Culture-specific Evidence
- VI Conclusion: Operational, Legitimacy, and Representational Challenges
- Ch.33 The Core Crimes of International Criminal Law
- Ch.34 Transnational Crimes
- Ch.35 The Unity of International Criminal Law: A Socio-Legal View
- Ch.30 International Criminal Law and the Subordination of Emancipation: The Question of Legal Hierarchy in Transitional Justice
- s.IX Future(s)
- Further Material
