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Books > Law > International law > International criminal law
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Pluralism in International Criminal Law (Hardcover)
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Pluralism in International Criminal Law (Hardcover)
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Despite the growth in international criminal courts and tribunals,
the majority of cases concerning international criminal law are
prosecuted at the domestic level. This means that both
international and domestic courts have to contend with a plethora
of relevant, but often contradictory, judgments by international
institutions and by other domestic courts. This book provides a
detailed investigation into the impact this pluralism has had on
international criminal law and procedure, and examines the key
problems which arise from it. The work identifies the various
interpretations of the concept of pluralism and discusses how it
manifests in a broad range of aspects of international criminal law
and practice. These include substantive jurisdiction, the
definition of crimes, modes of individual criminal responsibility
for international crimes, sentencing, fair trial rights, law of
evidence, truth-finding, and challenges faced by both international
and domestic courts in gathering, testing and evaluating evidence.
Authored by leading practitioners and academics in the field, the
book employs pluralism as a methodological tool to advance the
debate beyond the classic view of 'legal pluralism' leading to a
problematic fragmentation of the international legal order. It
argues instead that pluralism is a fundamental and indispensable
feature of international criminal law which permeates it on several
levels: through multiple legal regimes and enforcement fora,
diversified sources and interpretations of concepts, and numerous
identities underpinning the law and practice. The book addresses
the virtues and dangers of pluralism, reflecting on the need for,
and prospects of, harmonization of international criminal law
around a common grammar. It ultimately brings together the theories
of legal pluralism, the comparative law discourse on legal
transplants, harmonization, and convergence, and the international
legal debate on fragmentation to show where pluralism and
divergence will need to be accepted as regular, and even
beneficial, features of international criminal justice.
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