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Vol 23 No 5 May/June 2018

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International Criminal Law in Context

ISBN13: 9781138675513
Published: October 2017
Publisher: Routledge
Country of Publication: UK
Format: Paperback
Price: £33.99
Hardback edition , ISBN13 9781138675476

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International Criminal Law in Context provides a critical and contextual introduction to the fundamentals of international criminal law.

It goes beyond a doctrinal analysis focussed on the practice of international tribunals to draw on a variety of perspectives, capturing the complex processes of internationalisation that criminal law has experienced over the past few decades.

The book considers international criminal law in context and seeks to account for the political and cultural factors that have influenced - and that continue to influence - this still emerging body of law. Considering the substance, procedures, objectives, justifications and impacts of international criminal law, it addresses such topics as:-

  • The history of international criminal law
  • The subjects of international criminal law
  • Transitional justice and international criminal justice
  • Genocide, crimes against humanity, war crimes and the crime of aggression
  • Sexual and gender-based crimes
  • International and hybrid criminal tribunals
  • Sentencing under international criminal law
  • The role of victims in international criminal procedure
The book will appeal to those who want to study international criminal law in a critical and contextualised way. Presenting original research, it will also be of interest to scholars and practitioners already familiar with the main legal and policy issues relating to this body of law.

International Criminal Law
Part I: Introduction
1. History and Theory of International Criminal Law
2. Subjects and Sources of International Criminal Law
3. The Idea of Transitional Justice: International Criminal Justice and Beyond

Part II: International Crimes
4. General Trends: The Internationalisation and Transnationalisation of Criminal Law
5. War Crimes: Increasing Compliance with International Humanitarian Law through International Criminal Law?
6. Crimes Against Humanity and Genocide: Dealing with "Radical Evil"
7. The Crime of Aggression: Shifting Authority for International Peace?
8. Sexual and Gender-Based Crimes in International Law

Part III: The Implementation of International Criminal Law
9. Yugoslavia and Rwanda: the Rationale for Establishing International Criminal Tribunals
10. The International Criminal Court: Between Law and Politics
11. Hybrid or Internationalized Tribunals: Increasing Local Ownership over International Criminal Justice?
12. Cooperation and Complementarity Revisited: International versus National Prosecution of International Crimes
13. From Superior Orders to Duress: Modes of Liability and Defences
14. The Impact of International Human Rights Law on International Criminal Procedures and Extradition
15. The Role of Victims: Emerging Rights to Participation and Reparations