The diversification and fragmentation of international criminal law /
The diversification and fragmentation of international criminal law /
edited by Larissa van den Herik and Carsten Stahn.
- 1 online resource (xxiv, 710 pages)
- Leiden studies on the frontiers of international law ; v. 1 .
- Leiden Studies on the Frontiers of International Law 1. International Law E-Books Online, Collection 2013, ISBN: 9789004248717. .
Includes bibliographical references and index.
Preliminary Material / Introduction / ‘Fragmentation’, Diversifi cation and ‘3D’ Legal Pluralism: International Criminal Law as the Jack-in-the-Box? / The Judicial Dialogue between the ICJ and International Criminal Courts on the Question of Immunity / Binocular Vision: State Responsibility and Individual Criminal Responsibility for Genocide / Finding Custom: The ICJ and the International Criminal Courts and Tribunals Compared / Human Rights Cases in Sub-regional African Courts: Towards Justice for Victims or Just More Fragmentation? / Praising the Region: What Might a Complementary Criminal Justice System Learn from the Inter-American Court of Human Rights? / The Regionalization of Criminal Law – the Example of European Criminal Law / Alternative Justice Mechanisms, Compliance and Fragmentation of International Law / Limits of Information-sharing between the International Criminal Court and Truth Commissions / Puzzling over Amnesties: Defragmenting the Debate for International Criminal Tribunals / Chinese Humanitarian Law and International Humanitarian Law / Approximation or Harmonisation as a Result of Implementation of the Rome Statute / Fragmentation of the Rome Statute through an Incoherent Jurisdictional Regime for the Crime of Aggression: A Silent Operation / Domestic Prosecution of Genocide: Fragmentation or Natural Diversity? / The Rome Statute and Domestic Proceedings for Ordinary Crimes: The (In)Admissibility of Cases before the International Criminal Court / Fragmentation of the Notion of Co-Perpetration in International Criminal Law? / The Mens Rea Enigma in the Jurisprudence of the International Criminal Court / Reception of Common Law in Substantive International Criminal Law / The Principle of Complicity under International Law – Its Application to States and Individuals in Cases involving Genocide, Crimes against Humanity and War Crimes / Unifi cation or Fragmentation? Structural Tendencies in International Criminal Procedure / Prosecutorial Discretion in International Criminal Justice: Between Fragmentation and Unification / Fragmentation in International Criminal Law and the Rights of Victims / The Influences of French Law on Appeal Proceedings before the International Criminal Court and the Tribunals / Index / Larissa van den Herik and Carsten Stahn -- Flavia Lattanzi -- Carsten Stahn and Larissa van den Herik -- Rosanne van Alebeek -- Philippa Webb -- Yeghishe Kirakosyan -- Helen Duffy -- Cecilia Cristina Naddeo -- Ricardo Pereira -- Susan Kemp -- Eszter Kirs -- Dov Jacobs -- Liu Daqun -- David Donat Cattin -- Deborah Ruiz Verduzco -- Cristina Fernández-Pacheco Estrada -- Beatrice Pisani -- Chantal Meloni -- Mohamed Elewa Badar -- James L. Bischoff -- Erik Kok -- Mark Klamberg -- Hitomi Takemura -- Margaret Burnham -- Xavier Tracol -- Larissa van den Herik and Carsten Stahn.
Available to subscribing member institutions only.
This volume is the first in a new series of Studies on the Frontiers of International Law. The term ‘frontier’ is traditionally associated with proximity to a boundary or a demarcation line. But it is also a connecting point, id est, a passage or channel between spaces that are usually considered as separate entities. The Series aims to explore the visible and imaginary boundaries of scholarship in International Law. It is designed to test the existing table of contents, vocabulary and limits of ‘Public International Law’, to investigate lines and linkages between ‘centre’ and ‘periphery’, and to re-map or re-think some of its conceptual boundaries. The current volume is written in this spirit. It deals with the tension between unity and diversification which has gained a central place in the debate under the label of ‘fragmentation’. It explores the meaning, articulation and risks of this phenomenon in a specific area: International Criminal Justice. It brings together established and fresh voices who analyse different sites and contestations of this concept, as well as its context and specific manifestations in the interpretation and application of International Criminal Law. The volume thereby connects discourse on ‘fragmentation’ with broader inquiry on the merits and discontents of legal pluralism in ‘Public International Law’.
9789004236912
10.1163/9789004236912 DOI
2012036643
International criminal law.
KZ7000 / .D58 2012
345
Includes bibliographical references and index.
Preliminary Material / Introduction / ‘Fragmentation’, Diversifi cation and ‘3D’ Legal Pluralism: International Criminal Law as the Jack-in-the-Box? / The Judicial Dialogue between the ICJ and International Criminal Courts on the Question of Immunity / Binocular Vision: State Responsibility and Individual Criminal Responsibility for Genocide / Finding Custom: The ICJ and the International Criminal Courts and Tribunals Compared / Human Rights Cases in Sub-regional African Courts: Towards Justice for Victims or Just More Fragmentation? / Praising the Region: What Might a Complementary Criminal Justice System Learn from the Inter-American Court of Human Rights? / The Regionalization of Criminal Law – the Example of European Criminal Law / Alternative Justice Mechanisms, Compliance and Fragmentation of International Law / Limits of Information-sharing between the International Criminal Court and Truth Commissions / Puzzling over Amnesties: Defragmenting the Debate for International Criminal Tribunals / Chinese Humanitarian Law and International Humanitarian Law / Approximation or Harmonisation as a Result of Implementation of the Rome Statute / Fragmentation of the Rome Statute through an Incoherent Jurisdictional Regime for the Crime of Aggression: A Silent Operation / Domestic Prosecution of Genocide: Fragmentation or Natural Diversity? / The Rome Statute and Domestic Proceedings for Ordinary Crimes: The (In)Admissibility of Cases before the International Criminal Court / Fragmentation of the Notion of Co-Perpetration in International Criminal Law? / The Mens Rea Enigma in the Jurisprudence of the International Criminal Court / Reception of Common Law in Substantive International Criminal Law / The Principle of Complicity under International Law – Its Application to States and Individuals in Cases involving Genocide, Crimes against Humanity and War Crimes / Unifi cation or Fragmentation? Structural Tendencies in International Criminal Procedure / Prosecutorial Discretion in International Criminal Justice: Between Fragmentation and Unification / Fragmentation in International Criminal Law and the Rights of Victims / The Influences of French Law on Appeal Proceedings before the International Criminal Court and the Tribunals / Index / Larissa van den Herik and Carsten Stahn -- Flavia Lattanzi -- Carsten Stahn and Larissa van den Herik -- Rosanne van Alebeek -- Philippa Webb -- Yeghishe Kirakosyan -- Helen Duffy -- Cecilia Cristina Naddeo -- Ricardo Pereira -- Susan Kemp -- Eszter Kirs -- Dov Jacobs -- Liu Daqun -- David Donat Cattin -- Deborah Ruiz Verduzco -- Cristina Fernández-Pacheco Estrada -- Beatrice Pisani -- Chantal Meloni -- Mohamed Elewa Badar -- James L. Bischoff -- Erik Kok -- Mark Klamberg -- Hitomi Takemura -- Margaret Burnham -- Xavier Tracol -- Larissa van den Herik and Carsten Stahn.
Available to subscribing member institutions only.
This volume is the first in a new series of Studies on the Frontiers of International Law. The term ‘frontier’ is traditionally associated with proximity to a boundary or a demarcation line. But it is also a connecting point, id est, a passage or channel between spaces that are usually considered as separate entities. The Series aims to explore the visible and imaginary boundaries of scholarship in International Law. It is designed to test the existing table of contents, vocabulary and limits of ‘Public International Law’, to investigate lines and linkages between ‘centre’ and ‘periphery’, and to re-map or re-think some of its conceptual boundaries. The current volume is written in this spirit. It deals with the tension between unity and diversification which has gained a central place in the debate under the label of ‘fragmentation’. It explores the meaning, articulation and risks of this phenomenon in a specific area: International Criminal Justice. It brings together established and fresh voices who analyse different sites and contestations of this concept, as well as its context and specific manifestations in the interpretation and application of International Criminal Law. The volume thereby connects discourse on ‘fragmentation’ with broader inquiry on the merits and discontents of legal pluralism in ‘Public International Law’.
9789004236912
10.1163/9789004236912 DOI
2012036643
International criminal law.
KZ7000 / .D58 2012
345