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International Criminal Law and Philosophy

International Criminal Law and Philosophy

Author: Larry May; Zach Hoskins
Publisher: Cambridge University Press
ISBN: 9780521191517
Published In: December 2009
Format: Hardback
Jurisdiction: International ? Disclaimer:
Countri(es) stated herein are used as reference only

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This is the first anthology to bring together legal and philosophical theorists to examine the normative and conceptual foundations of international criminal law. In particular, through these essays the international group of authors addresses questions of state sovereignty; of groups, rather than individuals, as perpetrators and victims of international crimes; of international criminal law and the promotion of human rights and social justice.

Also, and of what comes after international criminal prosecutions, namely, punishment and reconciliation. International criminal law is still an emerging field, and as it continues to develop, the elucidation of clear, consistent theoretical groundings for its practices will be crucial. The questions raised and issues addressed by the essays in this volume will aid in this important endeavor.

First anthology to bring together legal and philosophical theorists to examine the normative and conceptual philosophical foundations of international criminal law
Topics include state sovereignty; groups, rather than individuals, as perpetrators and victims of international crimes; international criminal law and the promotion of human rights and social justice; and what comes after international criminal prosecutions – punishment and reconciliation
Contributors from North America, Australia, and Israel

Contents:: Introduction Larry May and Zach Hoskins; Part A. Sovereignty and Universal Jurisdiction:
1. International crimes and universal jurisdiction Win-chiat Lee;
2. State sovereignty as an obstacle to international criminal law Kristen Hessler;
3. International criminal courts, the rule of law, and the prevention of harm: building justice in times of injustice Leslie Francis and John Francis; Part B. Culture, Groups, and Corporations:
4. Criminalizing culture Helen Stacy;
5. Identifying groups in genocide cases Larry May;
6. Prosecuting corporations for international crimes: the role for domestic criminal law Joanna Kyriakakis; Part C. Justice and International Criminal Prosecutions:
7. Post war environmental damage: a study in jus post bellum Douglas Lackey;
8. On state self-defense and Guantánamo Bay Steve Viner;
9. Politicizing human rights (using international law) Anat Biletzki; Part D. Punishment and Reconciliation:
10. The justification of punishment in the international context Deirdre Golash;
11. Political reconciliation and international criminal trials Colleen Murphy.