International Criminal Law and Philosophy

This anthology brings together legal and philosophical theorists to examine the normative and conceptual foundations of international criminal law.

Larry May (Edited by), Zachary Hoskins (Edited by)

9780521191517, Cambridge University Press

Hardback, published 12 October 2009

270 pages
22.9 x 15.5 x 2.5 cm, 0.53 kg

'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, Current Issues in Criminal Justice

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.

Introduction Larry May and Zach Hoskins
Part I. Sovereignty and Universal Jurisdiction: 1. International crimes and universal jurisdiction Win-chiat Lee
2. State sovereignty as an obstacle to international criminal law Kristen Hessler
3. International criminal courts, the rule of law, and the prevention of harm: building justice in times of injustice Leslie Francis and John Francis
Part II. Culture, Groups, and Corporations: 4. Criminalizing culture Helen Stacy
5. Identifying groups in genocide cases Larry May
6. Prosecuting corporations for international crimes: the role for domestic criminal law Joanna Kyriakakis
Part III. Justice and International Criminal Prosecutions: 7. Post war environmental damage: a study in jus post bellum Douglas Lackey
8. On state self-defense and Guantánamo Bay Steve Viner
9. Politicizing human rights (using international law) Anat Biletzki
Part IV. Punishment and Reconciliation: 10. The justification of punishment in the international context Deirdre Golash
11. Political reconciliation and international criminal trials Colleen Murphy.

Subject Areas: International criminal law [LBBZ]