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International Criminal Justice Legitimacy and Coherence

Author: Gideon Boas; William A. Schabas; Michael P. Scharf
Publisher: Edward Elgar Publishing
ISBN: 9781781005590
Published In: December 2012
Format: Hardback , 352 pages
Jurisdiction: International ? Disclaimer:
Countri(es) stated herein are used as reference only

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‘International criminal justice indeed is a crowded field. But this edited collection stands well above the crowd. And it does so with dignity. Through interdisciplinary analysis, the editors skillfully turn shibboleths into intrigues. Theirs is a kaleidoscopic project that scales a gamut of issues: from courtroom discipline, to gender, to the defense, to history. Through vivid deployment of unconventional methods, this edited collection unsettles conventional wisdom. It thereby pushes law and policy toward heartier horizons.’
– Mark A. Drumbl, Washington and Lee University, School of Law, US

International criminal justice as a discipline throws up numerous conceptual issues, engaging disciplines such as law, politics, history, sociology and psychology, to name but a few. This book addresses themes around international criminal justice from a mixture of traditional and more radical perspectives.

While law, and in particular international law, is at the heart of much of the discussion around this topic, history, sociology and politics are invariably infused and, in some aspects of international criminal justice, are predominant elements. Fundamentally the exploration concerns questions of coherence and legitimacy, which are foundational to both the content and application of the discipline, and the book charts an illuminating path through these diverse perspectives. The contributions in this book come from some of the eminent scholars and practitioners in the area, and will provide some profound insight into and an enriched understanding of international criminal justice, helping to advance the field of study.

This ambitious and necessary book will appeal to academics and students of international criminal law, international criminal justice, international law, transitional justice and comparative criminal law, as well as practitioners of international criminal law.

1. What is International Criminal Justice?
Gideon Boas

2. Order in the Courtroom: The Unique Challenge of Maintaining Control of a War Crimes Trial
Michael Scharf

3. Making War Crimes Trials Work – Balancing Fairness and Expedition
Lord Iain Bonomy

4. Applied Rights in International Criminal Law: Defence Counsel and the Right to Disclosure
Peter Morrissey SC

5. Complexities in Prosecuting International Crimes: The ICC Libyan Warrants
Mark Ierace SC

6. International Criminal Justice and the Past
Gerry Simpson

7. International Criminal Justice in Historical Context: The Post-Second World War Trials and Modern International Criminal Justice
Rob Cryer

8. Terrorism and International Criminal Law: Questions of (in)Coherence and (Il)legitimacy
Ben Saul

9. The International Criminal Court and the Complexities of International Criminal Justice
James Potter

10. Women and International Criminal Law: Steps Forward or Dancing Backwards
Helen Durham

11. Have Recent Changes Designed to Benefit Victims of International Crimes Added to the Legitimacy of International Criminal Justice?
Sam Garkawe

12. International Criminal Justice and Military Perspectives
Geoffrey Skillen

Index

Edited by Gideon Boas, Associate Professor, Faculty of Law, Monash University, Australia, William A. Schabas, Professor of International Law, Middlesex University, London, UK and Michael P. Scharf, Case Western Reserve University School of Law, US