ENGLISH

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

By Marjolein Cupido

Book information

Publisher
Eleven International Publishing
Year
2015
ISBN
9789462742468, 9789462900349
LCC
KD4338 .C384 2015
Language
english
Format
PDF
Filesize
1 MB (1247993 bytes)
Pages
229\229
Time added
2023-08-08 06:53:41
Criminal law. ; Law. ; Public law.

Description

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 The courts have progressively advanced and modernized underdeveloped and outdated international criminal law and theories of liability.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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