Judges and the making of international criminal law / by Joseph Powderly.

Format:

Book

Author/Creator:

Powderly, Joseph, author.

Series:

Leiden studies on the frontiers of international law ; Volume 7.

Leiden studies on the frontiers of international law ; Volume 7

Language:

English

Subjects (All):

Judicial process.

Criminal procedure (International law).

International criminal courts--Decision making.

International criminal courts.

Physical Description:

1 online resource.

Place of Publication:

Leiden ; Boston : Brill Nijhoff, 2020.

Summary:

In Judges and the Making of International Criminal Law Joseph Powderly explores the role of judicial creativity in the progressive development of international criminal law. This wide-ranging work unpacks the nature and contours of the international criminal judicial function. Employing empirical, theoretical, and doctrinal methodologies, it interrogates the profile of the international criminal bench, judicial ethics, and the interpretative techniques that judges have utilized in their efforts to progressively develop international criminal law. Drawing on the work of Hersch Lauterpacht, it proposes a conception of the international criminal judicial function that places judicial creativity at its very heart. In doing so it argues that international criminal judges have a central role to play in ensuring that modern international criminal law continues to adapt to a volatile global environment, where accountability for crimes that shock the conscience of humanity is as much needed as at any moment in recent history.

Contents:

Foreword / William A. Schabas

Introduction

Getting to Know the International Criminal Judiciary : a Profile Portrait

The Independence and Impartiality of the International Criminal Judiciary

Judicial Creativity and the International Judicial Function : Lauterpacht's Legacy

Giving Life to International Criminal Justice : the Judicial Role in the Evolution of International Criminal Procedure

The Ad Hoc Tribunals, Judicial Creativity and the Rebirth of International Criminal Law

'Curb Your Creativity' : the Rome Statute and the Attempted Institution of Interpretative Restraint

Conclusions

Notes:

Based on author's thesis (doctoral - National University of Ireland, Galway, 2017) issued under title: The role of the judge in the progressive development of international criminal law.

Includes bibliographical references and index.

Description based on print version record.

ISBN:

90-04-36872-8

OCLC:

1139887522

Publisher Number:

10.1163/9789004368729 DOI