Breaking the Cycle of Mass Atrocities : Criminological and Socio-Legal Approaches in International Criminal Law / edited by Marina Aksenova, Elies van Sliedregt, and Stephan Parmentier.

Format:

Book

Contributor:

Aksenova, Marina, editor.

Sliedregt, E. van, editor.

Parmentier, Stephan, 1960- editor.

Language:

English

Subjects (All):

International criminal law--Social aspects.

International criminal law.

International crimes--Social aspects.

International crimes.

International law.

Physical Description:

1 online resource (257 pages)

Edition:

First edition.

Place of Publication:

Oxford, England : Bloomsbury Publishing Plc, [2019]

Summary:

"The collection investigates the role of international criminal law at different stages of mass atrocities, shifting away from its narrow understanding solely as an instrument of punishment of those most responsible. The book is premised on the idea that there are distinct phases of collective violence, and international criminal law contributes in one way or another to each phase. The authors therefore explore various possibilities for international criminal law to be of assistance in breaking the vicious cycle at its different junctures"-- Provided by publisher.

Contents:

Intro

Acknowledgements

Contents

List of Contributors

List of Cases

PART I: CYCLE OF MASS ATROCITIES

1. Introduction: Breaking the Cycle of Mass Atrocities: Criminological and Socio-Legal Approaches to International Criminal Law

I. The Cycle of Mass Atrocities

II. Structure of the Book

III. Methodological Approach

IV. Urgency in Developing Multidisciplinary Approaches to International Criminal Law

2. The Biology and Psychology of Atrocity and the Erasure of Memory

I. The Search for Criminological Understanding: The Criminology of Atrocity and Confronting the 'Monster Within'

II. A Framework for Discussion: It Begins in Biology But Includes Much Else

III. Memory and the Erasure of Memory

IV. Sign-Off

PART II: CRIMINALISATION

3. International Criminalisation as a Pragmatic Institutional Process: The Cases of Dominic Ongwen at the International Criminal Court and Thomas Kwoyelo at the International Crimes Division in the Situation in Uganda

I. Introduction

II. Beyond the 'Black Letter' Origin of International Criminalisation

III. Pragmatic Criminalisation as a Dual-Nature Institutional Process

IV. International Criminalisation as a Pragmatic Institution-Dependent Process in the Situation in Uganda

V. Conclusions

4. Solidarity as a Moral and Legal Basis for Crimes Against Humanity: A Durkheimian Perspective

II. Reasons for Looking at Durkheim in 'Grounding' International Criminal Law

III. Problems with the Category of Crimes Against Humanity

IV. The 'How' Question: International Criminal Trials as Religious Rituals

V. Conclusion: The Rising Significance of the Category of Crimes Against Humanity

PART III: TRIAL AND PUNISHMENT

5. The Hybrid System of International Criminal Law: A Work in Progress or Just a Noble Experiment?

I. Introduction.

II. A Short Overview of the Existing ICL Courts

III. The ICL Legal 'System'

IV. The Standard of Proof at Trial: Actualising the Difference Between Proof Beyond a Reasonable Doubt and Intime Conviction

V. Ruling on the Admission of Trial Evidence Only at the End of Trial

VI. Other Challenges Affecting the Development of a Mature, Reasonably Consistent, Fair Trial Process in the ICL Courts

VII. Conclusion

6. Agents and Agency in International Criminal Law: Intent and the 'Special Part' of International Criminal Law

II. Prison Guard Cases

III. The 'Special Part': Criminalising Action at International Criminal Law

IV. Jurisprudential Constructions

V. Conclusion

7. Punishment in Transition: Empirical Comparison of Post-Genocide Sentencing Practices in Rwandan Domestic Courts and at the ICTR

II. Methodology

III. Punishment in Law at the ICTR and in Rwanda

IV. Sentencing Outcomes at the ICTR and in Rwandan Domestic Courts

V. Concluding Remarks

PART IV: RE-ENTRY OF VICTIMS AND PERPETRATORS

8. Not in Our Name! Visions of Community in International Criminal Justice

II. The Role of Punishment in the Community

III. The Community and International Criminal Punishment

IV. Reconciliation Through International Courts: An Untenable Goal?

9. Explaining (Away) Individual Agency: A Criminological Take on Direct Perpetrator Re-Presentations at the ICTY

II. The Narrative Functioning of the Court

III. Re-Presentations of Direct Perpetrators at the ICTY

IV. Defence Narratives About Ordinary Men

V. Prosecutor Narratives About Deviant Defendants

VI. Agency Narratives in Judgments

VII. Individual Agency and Collective Crimes

VIII. Concluding Remarks

PART V: PREVENTION.

10. Social Identity and International Crimes: Legitimate and Problematic Aspects of the 'Ordinary People' Hypothesis

II. A Social Identity Approach to International Crimes

III. Individual Characteristics and Self-Selection of Perpetrators

IV. Towards a Comprehensive Interactionist Theory

11. Regional Criminal Justice, Corporate Criminal Liability and the Need for Non-Doctrinal Research

II. The Malabo Protocol: Differing Views

III. The Case for African Justice

IV. Corporate Misconduct in Africa

V. Corporate Criminal Liability in International Criminal Law

VI. How to Construe Corporate Criminal Liability

VII. Corporate Criminal Liability in the Malabo Protocol

VIII. Concluding Observations

EPILOGUE

12. Breaking the Cycle of Collective Violence: International Criminal Law's Contribution

II. Mass Criminality and Collective Guilt as Challenges for International Criminal Law

III. The International Criminal Court and States: An Antagonistic Relationship

IV. Challenges to the Dominant Moral Narrative of the International Community

V. Some Final Reflections: Suggestions for Piecemeal Improvements of the System of International Criminal Justice

Index.

Notes:

Description based on print version record.

Includes index.

ISBN:

9781509919451

1509919457

9781509919468

1509919465

OCLC:

1090495918