Facts Matter: A Study into the Casuistry of Substantive International Criminal Law
eBook - PDF

Facts Matter: A Study into the Casuistry of Substantive International Criminal Law

  1. 229 pages
  2. English
  3. PDF
  4. Available on iOS & Android
eBook - PDF

Facts Matter: A Study into the Casuistry of Substantive International Criminal Law

About this book

International criminal law has gained momentum since the creation of the International Criminal Tribunals for the former Yugoslavia and Rwanda and the International Criminal Court in the 1990s. Through case law, these courts have transformed rudimentary notions of accountability for mass atrocity into comprehensive concepts of individual criminal responsibility for war crimes, crimes against humanity, and genocide. This process has been characterized by a high degree of judicial creativity. The courts have progressively advanced and modernized underdeveloped and outdated international criminal law and theories of liability. This book analyzes and evaluates the creative practice of international courts by using insights from casuistry. In particular, it takes the theory and methodology of casuistry as a starting point for assessing three substantive legal issues: the policy element of crimes against humanity, the distinction between Joint Criminal Enterprise and joint perpetration, and the contextual embedding of genocide. This assessment complements prevailing notions of substantive international criminal law and adds a new voice to existing debates on judicial reasoning. [Subject: International Law, Criminal Law, Human Rights Law]

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Yes, you can access Facts Matter: A Study into the Casuistry of Substantive International Criminal Law by Marjolein Cupido in PDF and/or ePUB format, as well as other popular books in Law & Criminal Law. We have over one million books available in our catalogue for you to explore.

Information

Publisher
Eleven International Publishing
Year
2015
eBook ISBN
9789462742468
Edition
0
Topic
Law
Subtopic
Criminal Law
Index
Law

Table of contents

  1. Cover
  2. Title Page
  3. TABLE OF CONTENTS
  4. ABBREVIATIONS
  5. TABLE OF CASES
  6. I Prologue: A Plea for a Casuistic Approach to International Criminal Law
  7. II The Policy underlying Crimes against Humanity:Practical Reflections ona Theoretical Debate*
  8. III Pluralism in Theories ofLiability: Joint Criminal Enterprise versus Joint Perpetration*
  9. IV The Contextual Embedding of Genocide: A Casuistic Analysis of the Interplay between Law and Facts*
  10. V Epilogue: Developing a Casuistic Framework of Judicial Reasoning
  11. BIBLIOGRAPHY