The diversification and fragmentation of international criminal law [electronic resource] / Edited by Larissa van den Herik and Carsten Stahn.

Format:

Book

Contributor:

Herik, Larissa van den.

Stahn, Carsten, 1971-

Series:

Leiden Studies on the Frontiers of International Law 1.

Leiden studies on the frontiers of international law ; 1

Language:

English

Subjects (All):

International criminal law.

Criminal law.

Physical Description:

1 online resource (734 p.)

Place of Publication:

Leiden ; Boston : M. Nijhoff Publishers, 2012.

Language Note:

English

Summary:

This volume is the first in a new series of Studies on the Frontiers of International Law. The term ‘frontier’ is traditionally associated with proximity to a boundary or a demarcation line. But it is also a connecting point, id est, a passage or channel between spaces that are usually considered as separate entities. The Series aims to explore the visible and imaginary boundaries of scholarship in International Law. It is designed to test the existing table of contents, vocabulary and limits of ‘Public International Law’, to investigate lines and linkages between ‘centre’ and ‘periphery’, and to re-map or re-think some of its conceptual boundaries. The current volume is written in this spirit. It deals with the tension between unity and diversification which has gained a central place in the debate under the label of ‘fragmentation’. It explores the meaning, articulation and risks of this phenomenon in a specific area: International Criminal Justice. It brings together established and fresh voices who analyse different sites and contestations of this concept, as well as its context and specific manifestations in the interpretation and application of International Criminal Law. The volume thereby connects discourse on ‘fragmentation’ with broader inquiry on the merits and discontents of legal pluralism in ‘Public International Law’.

Contents:

Preliminary Material / Larissa van den Herik and Carsten Stahn

Introduction / Flavia Lattanzi

‘Fragmentation’, Diversifi cation and ‘3D’ Legal Pluralism: International Criminal Law as the Jack-in-the-Box? / Carsten Stahn and Larissa van den Herik

The Judicial Dialogue between the ICJ and International Criminal Courts on the Question of Immunity / Rosanne van Alebeek

Binocular Vision: State Responsibility and Individual Criminal Responsibility for Genocide / Philippa Webb

Finding Custom: The ICJ and the International Criminal Courts and Tribunals Compared / Yeghishe Kirakosyan

Human Rights Cases in Sub-regional African Courts: Towards Justice for Victims or Just More Fragmentation? / Helen Duffy

Praising the Region: What Might a Complementary Criminal Justice System Learn from the Inter-American Court of Human Rights? / Cecilia Cristina Naddeo

The Regionalization of Criminal Law – the Example of European Criminal Law / Ricardo Pereira

Alternative Justice Mechanisms, Compliance and Fragmentation of International Law / Susan Kemp

Limits of Information-sharing between the International Criminal Court and Truth Commissions / Eszter Kirs

Puzzling over Amnesties: Defragmenting the Debate for International Criminal Tribunals / Dov Jacobs

Chinese Humanitarian Law and International Humanitarian Law / Liu Daqun

Approximation or Harmonisation as a Result of Implementation of the Rome Statute / David Donat Cattin

Fragmentation of the Rome Statute through an Incoherent Jurisdictional Regime for the Crime of Aggression: A Silent Operation / Deborah Ruiz Verduzco

Domestic Prosecution of Genocide: Fragmentation or Natural Diversity? / Cristina Fernández-Pacheco Estrada

The Rome Statute and Domestic Proceedings for Ordinary Crimes: The (In)Admissibility of Cases before the International Criminal Court / Beatrice Pisani

Fragmentation of the Notion of Co-Perpetration in International Criminal Law? / Chantal Meloni

The Mens Rea Enigma in the Jurisprudence of the International Criminal Court / Mohamed Elewa Badar

Reception of Common Law in Substantive International Criminal Law / James L. Bischoff

The Principle of Complicity under International Law – Its Application to States and Individuals in Cases involving Genocide, Crimes against Humanity and War Crimes / Erik Kok

Unifi cation or Fragmentation? Structural Tendencies in International Criminal Procedure / Mark Klamberg

Prosecutorial Discretion in International Criminal Justice: Between Fragmentation and Unification / Hitomi Takemura

Fragmentation in International Criminal Law and the Rights of Victims / Margaret Burnham

The Influences of French Law on Appeal Proceedings before the International Criminal Court and the Tribunals / Xavier Tracol

Index / Larissa van den Herik and Carsten Stahn.

Notes:

Description based upon print version of record.

Includes bibliographical references and index.

ISBN:

1-283-85455-4

90-04-23691-0

OCLC:

823386263

Publisher Number:

10.1163/9789004236912 DOI