International Criminal Law and Philosophy

doi:10.1017/CBO9780511642265

This anthology brings together legal and philosophical theorists to examine the normative and conceptual foundations of international criminal law. In particular, through these essays the international group of authors addresses questions of state sovereignty; of groups, rather than individuals, as perpetrators and victims of international crimes; of international criminal law and the promotion of human rights and social justice; and of what comes after international criminal prosecutions, namely, punishment and reconciliation. International criminal law is still an emerging field, and as it continues to develop, the elucidation of clear, consistent theoretical groundings for its practices will be crucial. The questions raised and issues addressed by the essays in this volume will aid in this important endeavor.

'By combining and applying legal theory to troublesome social realities this book describes international criminal law as a dynamic and developing field. International Criminal Law and Philosophy is therefore highly recommended to anyone interested in innovative and critical answers to questions of international criminal law and philosophy.'

Source: International Criminal Law Review

'International Criminal Law and Philosophy raises fundamental questions and examines novel issues in the merging field of international criminal law. … May and Hoskins have provided a valuable contribution to current multidisciplinary debates on international criminal law.'

Source: The Journal of Ethics and International Affairs

'International Criminal Law and Philosophy is a thought-provoking and valuable collection of essays, all of which are intended to examine both the conceptual and normative grounding of international criminal law, which is supposedly individual responsibility for mass atrocities … Readers interested in legal theory generally or challenges to international criminal law specifically would have the most to gain from this material …'

Dr Edwin Bikundo Source: Current Issues in Criminal Justice

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Contents

Frontmatter
pp i-vi
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Contents
pp vii-viii
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List of Contributors
pp ix-x
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Introduction
pp 1-12
- By Larry May, Zachary Hoskins
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PART ONE - SOVEREIGNTY AND UNIVERSAL JURISDICTION
pp 13-14
- By Win-Chiat Lee
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1 - International Crimes and Universal Jurisdiction
pp 15-38
- By Win-Chiat Lee
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2 - State Sovereignty as an Obstacle to International Criminal Law
pp 39-57
- By Kristen Hessler
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3 - International Criminal Courts, the Rule of Law, and the Prevention of Harm: Building Justice in Times of Injustice
pp 58-72
- By Leslie P. Francis, John G. Francis
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PART TWO - CULTURE, GROUPS, AND CORPORATIONS
pp 73-74
- By Helen Stacy
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4 - Criminalizing Culture
pp 75-90
- By Helen Stacy
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5 - Identifying Groups in Genocide Cases
pp 91-107
- By Larry May
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6 - Prosecuting Corporations for International Crimes: The Role for Domestic Criminal Law
pp 108-138
- By Joanna Kyriakakis
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PART THREE - JUSTICE AND INTERNATIONAL CRIMINAL PROSECUTIONS
pp 139-140
- By Douglas Lackey
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7 - Postwar Environmental Damage: A Study in Jus Post Bellum
pp 141-152
- By Douglas Lackey
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8 - On State Self-Defense and Guantánamo Bay
pp 153-179
- By Steve Viner
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9 - Politicizing Human Rights (Using International Law)
pp 180-198
- By Anat Biletzki
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PART FOUR - PUNISHMENT AND RECONCILIATION
pp 199-200
- By Deirdre Golash
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10 - The Justification of Punishment in the International Context
pp 201-223
- By Deirdre Golash
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11 - Political Reconciliation and International Criminal Trials
pp 224-244
- By Colleen Murphy
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Index
pp 245-258
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International Criminal Law and Philosophy

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Contents

Frontmatter
pp i-vi

Contents
pp vii-viii

List of Contributors
pp ix-x

Introduction
pp 1-12

PART ONE - SOVEREIGNTY AND UNIVERSAL JURISDICTION
pp 13-14

1 - International Crimes and Universal Jurisdiction
pp 15-38

2 - State Sovereignty as an Obstacle to International Criminal Law
pp 39-57

3 - International Criminal Courts, the Rule of Law, and the Prevention of Harm: Building Justice in Times of Injustice
pp 58-72

PART TWO - CULTURE, GROUPS, AND CORPORATIONS
pp 73-74

4 - Criminalizing Culture
pp 75-90

5 - Identifying Groups in Genocide Cases
pp 91-107

6 - Prosecuting Corporations for International Crimes: The Role for Domestic Criminal Law
pp 108-138

PART THREE - JUSTICE AND INTERNATIONAL CRIMINAL PROSECUTIONS
pp 139-140

7 - Postwar Environmental Damage: A Study in Jus Post Bellum
pp 141-152

8 - On State Self-Defense and Guantánamo Bay
pp 153-179

9 - Politicizing Human Rights (Using International Law)
pp 180-198

PART FOUR - PUNISHMENT AND RECONCILIATION
pp 199-200

10 - The Justification of Punishment in the International Context
pp 201-223

11 - Political Reconciliation and International Criminal Trials
pp 224-244

Index
pp 245-258

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International Criminal Law and Philosophy

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