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Vol 21 No 9 Sept/Oct 2016

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Pluralism in International Criminal Law

Edited by: Elies van Sliedregt, Sergey Vasiliev

ISBN13: 9780198703198
Published: October 2014
Publisher: Oxford University Press
Country of Publication: UK
Format: Hardback
Price: £70.00

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Despite the growth in international criminal courts and tribunals, the majority of cases concerning international criminal law are prosecuted at the domestic level. This means that both international and domestic courts have to contend with a plethora of relevant, but often contradictory, judgments by international institutions and by other domestic courts.

This book provides a detailed investigation into the impact this pluralism has had on international criminal law and procedure, and examines the key problems which arise from it. The work identifies the various interpretations of the concept of pluralism and discusses how it manifests in a broad range of aspects of international criminal law and practice.

These include substantive jurisdiction, the definition of crimes, modes of individual criminal responsibility for international crimes, sentencing, fair trial rights, law of evidence, truth-finding, and challenges faced by both international and domestic courts in gathering, testing and evaluating evidence. Authored by leading practitioners and academics in the field, the book employs pluralism as a methodological tool to advance the debate beyond the classic view of 'legal pluralism' leading to a problematic fragmentation of the international legal order.

It argues instead that pluralism is a fundamental and indispensable feature of international criminal law which permeates it on several levels: through multiple legal regimes and enforcement fora, diversified sources and interpretations of concepts, and numerous identities underpinning the law and practice.

The book addresses the virtues and dangers of pluralism, reflecting on the need for, and prospects of, harmonization of international criminal law around a common grammar. It ultimately brings together the theories of legal pluralism, the comparative law discourse on legal transplants, harmonization, and convergence, and the international legal debate on fragmentation to show where pluralism and divergence will need to be accepted as regular, and even beneficial, features of international criminal justice.

International Criminal Law
1. Introduction
2. Legal Pluralism: A Philosophical Perspective
3. Legal Transplants or Legal Patchworking? The Creation of International Criminal Law as a Pluralistic Body of Law
4. The Plural Pluralisms of International Criminal Procedure: In Search of a Normative Identity

5. Organizational Criminality
6. Modes of Liability: Pluralism in Theory, Uniformity in Legal Practice?
7. Evidentiary Practices in the International Criminal Tribunals: A Comparative Approach
8. Pluralism in Sentencing? Consistency of International Sentencing and International Sentencing Guidelines
9. Beyond International Criminal Law: The Curious Criminality of Mass Atrocity

10. Interpretation and Application of International Criminal Law in Dutch Courts
11. Rights-Pluralism and Fair Trial in International Criminal Proceedings
12. Proving International Crimes: Sui Generis Evidence Law?
13. Evidentiary Challenges: Domestic and International Prosecutions Compared

14. Individual Criminal Responsibility in Article 25 ICC Statute
15. Collective Intentions and Individual Criminal Responsibility
16. Evidence in International Criminal Tribunals: The Need for a Harmonized Approach

17. Conclusion