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This pioneering book explores the intersections of law and culture
at the International Criminal Court (ICC), offering insights into
how notions of culture affect the Court's legal foundations,
functioning and legitimacy, both in theory and in practice. Leading
scholars and legal practitioners take a multidisciplinary approach
to challenge the view that international law is not limited or
bound by a particular culture, arguing instead that law and culture
are intertwined. Analysing how culture influences views of the law,
the facts to which it applies, and the fairness of the outcome, the
contributors consider the implications of culture and law for the
ICC and its international reach. Chapters discuss important
intersections of law and culture, from religion and politics to the
definition of international crimes and their interpretation by
judges. Highlighting the inherent but often overlooked role of
'culture' at the ICC, the book puts forward recommendations to aid
the Court s future considerations. This book is a valuable resource
for academics and students in a variety of fields including law,
criminology, anthropology, international relations and political
science. Its practical focus is also beneficial for legal
practitioners and civil society organisations working in
international criminal justice.
This pioneering book explores the intersections of law and culture
at the International Criminal Court (ICC), offering insights into
how notions of culture affect the Court's legal foundations,
functioning and legitimacy, both in theory and in practice. Leading
scholars and legal practitioners take a multidisciplinary approach
to challenge the view that international law is not limited or
bound by a particular culture, arguing instead that law and culture
are intertwined. Analysing how culture influences views of the law,
the facts to which it applies, and the fairness of the outcome, the
contributors consider the implications of culture and law for the
ICC and its international reach. Chapters discuss important
intersections of law and culture, from religion and politics to the
definition of international crimes and their interpretation by
judges. Highlighting the inherent but often overlooked role of
'culture' at the ICC, the book puts forward recommendations to aid
the Court s future considerations. This book is a valuable resource
for academics and students in a variety of fields including law,
criminology, anthropology, international relations and political
science. Its practical focus is also beneficial for legal
practitioners and civil society organisations working in
international criminal justice.
Special Mention from the Jury of the Max van der Stoel Human Rights
Award 2012 In early 2006, the Office of the High Commissioner for
Human Rights called for more detailed research into the relevant
international standards and national and international practices
concerning the role of victims in criminal proceedings. In response
to this call and the increased attention paid to victims at
international criminal institutions, this study explores the role
of victims in international criminal proceedings. As such, the aim
of this study is threefold: (i) to describe, explain and clarify
the procedural role afforded to victims in international criminal
proceedings; (ii) to evaluate whether the current approaches to
victim participation in international criminal proceedings are
consistent with human rights standards; and (iii) to determine the
proper scope and content of victim participation in international
criminal proceedings. To structure the analysis, the framework
focuses on two central concepts, namely the unique characteristics
of international criminal proceedings and human rights standards.
Broken up into two main parts, the first part of the study covers
criminal law theories and the current role afforded to victims in
domestic jurisdictions. It further examines the development of
their procedural rights both domestically and internationally. The
second part of the study then deals exclusively with international
criminal justice institutions and the participatory rights afforded
to victims therein. Using two case studies, one on the
Extraordinary Chambers in the Courts of Cambodia and the other on
the International Criminal Court, the research highlights how these
courts have approached the issue of victim participation. The study
concludes with general recommendations. It is hoped that the
findings of this study may contribute to a better understanding of
competing rights within international criminal justice and that
they provide those involved in the shaping of international
criminal justice a means through which to view the participatory
rights of victims.
How do societies at the national and international level try to
overcome historical injustices? What remedies did they develop to
do justice to victims of large scale atrocities? And even more
important: what have we learned from the implementation of these
so-called instruments of transitional justice in practice?Lawyers,
socials scientists and historians have published shelves full of
books and articles on how to confront the past through
international criminal tribunals, truth commissions, financial
compensation schemes and other instruments of retributive/punitive
and restorative justice. A serious problem continues to be that
broad interdisciplinary accounts that include both categories of
measures are still hardly available. With this volume a group of
international experts in the field endeavors to fill this gap, and
even more. By alternating historical overviews with critical
assessments this volume does not only offer an extensive
introduction to the world of transitional justice, but also food
for thought concerning the effectiveness of the remedies it offers
to face the past successfully.
This book emerges at a time when there is growing criticism of both
truth commissions and transitional justice as a whole. Its purpose
is to understand the impact and legacy of these institutions over
the past fifty years.
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