Exploring the Boundaries of International Criminal Justice

Description

This collection discusses appropriate methodologies for comparative research and applies this to the issue of trial transformation in the context of achieving justice in post-conflict societies. In developing arguments in relation to these problems, the authors use international sentencing and the question of victims' interests and expectations as a focus. The conclusions reached are wide-ranging and haighly significant in challenging existing conceptions for appreciating and giving effect to the justice demands of victims of war and social conflict. The themes developed demonstrate clearly how comparative contextual analysis facilitates our understanding of the legal and social contexts of international punishment and how this understanding can provide the basis for expanding the role of restorative international criminal justice within the context of international criminal trials. Cover Contents Preface List of Abbreviations of Law Reports Cited List of Contributors PART I Background and Overview 1 Revitalising Macaulay’s Indian Penal Code 2 Macaulay’s Indian Penal Code: Historical Context and Originating Principles PART II Principles of Culpability 3 The Fault Elements of Offences 4 The Conduct Element of Offences 5 Mistake and Strict Liability 6 Abetment, Criminal Conspiracy and Attempt 7 Vicarious Liability PART III Principles of Exculpation 8 Private Defence 9 Duress and Necessity 10 Insanity 11 Intoxication 12 Provocation PART IV Challenges of Codification and Criminal Law Reform 13 An Evaluation of Judicial Interpretations of the Australian Model Criminal Code 14 Recent Law Reform and Codification of the General Principles of Criminal Law in England and Wales: A Tale of Woe 15 Principled Criminal Law Reform: Could Macaulay Survive the Age of Governing through Crime? Index