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Intersections of Law and Culture at the International Criminal Court

Intersections of Law and Culture at the International Criminal Court

Author: Julie Fraser; Brianne McGonigle Leyh
Publisher: Edward Elgar Publishing
ISBN: 9781802206470
Published In: October 2021
Format: Paperback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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This pioneering book explores the intersections of law and culture at the International Criminal Court (ICC), offering insights into how notions of culture affect the Court’s legal foundations, functioning and legitimacy, both in theory and in practice.

Leading scholars and legal practitioners take a multidisciplinary approach to challenge the view that international law is not limited or bound by a particular culture, arguing instead that law and culture are intertwined. Analysing how culture influences views of the law, the facts to which it applies, and the fairness of the outcome, the contributors consider the implications of culture and law for the ICC and its international reach. Chapters discuss important intersections of law and culture, from religion and politics to the definition of international crimes and their interpretation by judges. Highlighting the inherent but often overlooked role of ‘culture’ at the ICC, the book puts forward recommendations to aid the Court’s future considerations.

This book is a valuable resource for academics and students in a variety of fields including law, criminology, anthropology, international relations and political science. Its practical focus is also beneficial for legal practitioners and civil society organisations working in international criminal justice.

1. Intersections of law and culture at the International Criminal Court: Introduction 1

Julie Fraser and Brianne McGonigle Leyh

2. Now you see it, now you don’t: culture at the International Criminal Court 14

Leigh Swigart

PART I. SUBSTANTIVE CRIMES AND CULTURE

3. How to solve a problem like Al Madhi : proposal for a new crime of ‘attacks against cultural heritage’ 38

Peta-Louise Bagott

4. Cultural heritage destruction and the ICC: lessons from connecting cultural heritage and human rights through a library lens 59

Vicky Breemen and Kelly Breemen

5. Keeping the ‘delicate mosaic’ together: can the ICC deal with intangible cultural heritage? 81

Martyna Fałkowska-Clarys and Lily Martinet

6. A political analysis of sexual violence in the International Criminal Court 102

Alison Dundes Renteln

PART II. PROCEEDINGS AND CULTURE

7. ‘Solemnly declare to tell the truth’: internationalising the Solemn Undertaking before the International Criminal Court 127

Joshua Isaac Bishay

8. Spellbound at the International Criminal Court: the intersection of spirituality and international criminal law 147

Adina-Loredana Nistor, Andrew Merrylees and Barbora Holá

9. ‘Questioned by the Court’: the role of judges and sociocultural aspects of testimonial evidence in Katanga 169

Suzanne Schot

10. The power of culture and judicial decision-making at the International Criminal Court 190

Gregor Maučec

11. Doing ‘justice’ at the Office of the Prosecutor: portrayals of a cultural value 209

Cale Davis

PART III. DEFENCES, SENTENCING, VICTIMS AND CULTURE

12. In defence of culture: should defences based on culture apply at the ICC? 229

Noelle Higgins

13. Introducing aspects of transformative justice to the International Criminal Court through plea negotiation 249

Phoebe Oyugi and Owiso Owiso

14. ‘Culture’ and sentencing at the International Criminal Court 268

Michelle Coleman

15. A delicate mosaic: the ICC, culture and victims 288

Fiona McKay

PART IV. THE ICC’S GLOBAL REACH AND LEGITIMACY

16. The quest for cultural legitimacy at the ICC: a third-way approach as an appropriate response to African cultural paradigms 312

Ingrid Roestenburg-Morgan

17. ‘We will let it die on its own’: culture, ideology and power at play between the United States and the International Criminal Court 337

Brianne McGonigle Leyh

18. Asia’s reluctance to join the ICC: who is jilted by whom? 358

Nikhil Narayan

19. Exploring legal compatibilities and pursuing cultural legitimacy: Islamic law and the ICC 378

Julie Fraser

20. Afterword: culture, genuine and juridical 397

Mark Goodale

Index

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