Coming Soon Judicial Discretion in the Interpretation of International Crimes: Revisiting the Legality Principle

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Judicial Discretion in the Interpretation of International Crimes: Revisiting the Legality Principle

By Ligeia Quackelbeen
Coming Soon Hart Publishing Available July 2026

Specifications

ISBN-13
9781509985173
Publisher
Hart Publishing
Publication
July 2026
Format
Hardback
Jurisdiction
U.K. ? Countri(es) for reference only

Details

This book sets out a legality-centred model to better understand the interpretation of crimes in international criminal law.

It offers a new way of understanding the interpretation of crime as a two-dimensional process: determining what the law is and interpreting whether that law in fact criminalises the conduct in question. This model affects the process and the outcome of judicial interpretation. The book moves beyond the abstract by applying the model to two case studies:

  • the concept of organisational policy as a contextual element of crimes against humanity, and
  • the crime of forced marriage

It brings often-overlooked criminal law theory into the field of international criminal law, offering a fresh, innovative perspective on interpretation and placing the legality principle back at the centre of crime interpretation.

Table of Contents

1. Why Legality Matters
2. A Roadmap Towards a Legality-Centred, Two-Dimensional Model
3. Evaluating Crime Interpretation in Terms of the Law Determination: Applicable Law and Source Doctrine
4. Evaluating Crime Interpretation in terms of Methods of Interpretation
5. Evaluating Crime Interpretation in Terms of Process and Result: the Principles of Legality
6. Proposing an Alternative Legality-Centred Approach to Crime Interpretation
7. Case Study on Organisational Policy
8. Case Study on Forced Marriage
9. A Tailored Interpretative Methodology for Crime Interpretation
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