Crimes against humanity : the limits of universal jurisdiction in the global south / Nergis Canefe.

Format:

• Book

Author/Creator:

• Canefe, Nergis, 1967- author.

Series:

• International Law

Language:

English

Subjects (All):

• Crimes against humanity (International law).
• International criminal law.
• Universal jurisdiction.

Physical Description:

1 online resource (338 pages)

Edition:

First edition.

Place of Publication:

Cardiff, England : University of Wales Press, [1988]

Summary:

This book brings together jurisprudential debates on international criminal law, international law scholarship on the limits of state sovereignty, and applied political philosophy concerning responsibility and accountability in the context of mass political crimes and state criminality. It offers a compelling view of legal reasoning concerning accountability regimes in the Global South.

Contents:

• Cover
• Title Page
• Copyright Page
• Dedication
• Series Preface
• Contents
• Acknowledgements
• List of Acronyms
• Introduction
• 1. Topographies of Universal Jurisdiction in International Law,Legal Pluralism and the Curious Case of the International Criminal Court
• I. Applications of Legal Pluralism in International Law
• A. The Legacy of the New Haven School
• B. TWAIL Scholarship and the Radical Pluralism Debate
• C. Radical Pluralism and Beyond
• II. Transnational Character of Accountability Regimes in International Law and Multicentricity of Legal Practices
• A. Fragmentation in International Law and the Fragile Balance of Primary and Secondary Rules in Accountability Regimes
• B. The Project of International Law and the Jurisprudential Promise of the ICC: Disciplining the Domestic Realm through International Criminal Law?
• C. International Criminal Court and the Ideal of Complementarity in International Law
• D. Mandate of the International Criminal Court: Jurisprudential versus Political Realities
• Conclusion
• 2. Universal Jurisdiction and Genealogies of International Criminal Law
• I. Nemo Me Impuna Lacessit? The Ethos of Universal Jurisdiction
• II. Divided We Unite? Fragmentation and Legitimacy in International Law
• III. Legitimacy of International Law: Lingering Questions
• IV. The Question of the State in International Law as Seen from the Global South: A Chance to Start Anew?
• V. Jus Gentium and the Outer Limits of International Law
• VI. Jus Cogens or Not - Dilemmas?
• 3. Crimes Against Humanity Jurisprudence in International Law and the Conundrum of Jurisdictional Certainty
• I. The Normative Architecture of Crimes Against Humanity Jurisprudence
• II. Competing Politico-Normative Visions.
• III. Adjudication, Responsibility and the Law: Limits of Universal Jurisdiction
• 4. Mea Culpa, Sua Culpa, Tua Maxima Culpa: Collective Responsibility, Societal Wrongdoing and Legal Judgment
• I. Beyond Eichmann: On the Necessity of Judgment
• II. Towards an Engaged Theory of Judgment and Collective Responsibility
• A. The Threshold Question
• B. The Outcomes Perspective
• III. Collective Responsibility and Legal Judgment in International Law: The Jaspers Alternative?
• IV. Moral Responsibility as an Epicurian Cure for the Conundrums of International Criminal Law?
• V. Collective Responsibility and the Distribution of Blameworthiness
• Conclusion: The Dilemma of the Sum Total versus Its Constitutive Parts
• 5. Through the Looking Glass: Hybrid Courts and International Criminal Law in the Global South
• I. Mapping Out Responsibility for Mass Atrocities
• A. More Than Each unto His Own â - Hybrid Courts in the Global South
• II. The Clarion Call of Universal Jurisdiction in the Global South
• A. The ICC and Domestic Applications of the Rome Statute
• B. The ICC and the Importance of the Complementarity Principle for the International Legal Accountability
• III. Hybrid Courts: Fractured or Overlapping Legal Regimes of Accountability?
• Conclusion: Hybrid Courts as New Actors of International Criminal Law in the Global South?
• In Lieu of Conclusion: Deliverance of Justice in International Criminal Law and the Role of Political Judgment as Purposive Action
• Notes
• Bibliography
• Index
• Back Cover.

Notes:

• Includes bibliographical references and index.
• Description based on print version record.

ISBN:

1-78683-703-X

OCLC:

1257076679