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Commencing its search for a principled international criminal
justice, this book argues that the Preamble to the Rome Statute
requires a very different notion of justice than that which would
be expected in domestic jurisdictions. This thinking necessitates
theorising what international criminal justice requires in terms of
its legitimacy much more than normative invocations, which in their
unreality can endanger the satisfaction of two central concerns -
the punitive and the harm-minimisation dimensions. The authors
suggest that because of the unique nature and form of the four
global crimes, pre-existing proof technologies are failing
prosecutors and judges, forcing the development of an often
unsustainable line of judicial reasoning. The empirical focus of
the book is to look at JCE (joint criminal enterprise) and aiding
and abetting as case-studies in the distortion of proof tests. The
substantial harm focus of ICJ (international criminal justice)
invites applying compatible proof technologies from tort
(causation, aggregation, and participation). The book concludes by
examining recent developments in corporate criminal liability and
criminalising associations, radically asserting that even in
harmonising/hybridising international criminal law there resides a
new and rational vision for the juridical project of international
criminal justice.
Commencing its search for a principled international criminal
justice, this book argues that the Preamble to the Rome Statute
requires a very different notion of justice than that which would
be expected in domestic jurisdictions. This thinking necessitates
theorising what international criminal justice requires in terms of
its legitimacy much more than normative invocations, which in their
unreality can endanger the satisfaction of two central concerns -
the punitive and the harm-minimisation dimensions. The authors
suggest that because of the unique nature and form of the four
global crimes, pre-existing proof technologies are failing
prosecutors and judges, forcing the development of an often
unsustainable line of judicial reasoning. The empirical focus of
the book is to look at JCE (joint criminal enterprise) and aiding
and abetting as case-studies in the distortion of proof tests. The
substantial harm focus of ICJ (international criminal justice)
invites applying compatible proof technologies from tort
(causation, aggregation, and participation). The book concludes by
examining recent developments in corporate criminal liability and
criminalising associations, radically asserting that even in
harmonising/hybridising international criminal law there resides a
new and rational vision for the juridical project of international
criminal justice.
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