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Intersections of law and culture at the international criminal court / edited by Julie Fraser (assistant professor) and Brianne McGonigle Leyh (associate professor, Netherlands Institute of Human Rights, Utrecht University, the Netherlands).
Fraser, Julie, 1981- editor.; Leyh, Brianne McGonigle editor.; Edward Elgar Publishing, publisher.
2020
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Edward Elgar
Title
Intersections of law and culture at the international criminal court / edited by Julie Fraser (assistant professor) and Brianne McGonigle Leyh (associate professor, Netherlands Institute of Human Rights, Utrecht University, the Netherlands).
Published
Northampton : Edward Elgar Publishing, 2020.
Call Number
INTERNET
ISBN
9781839107306 (e-book)
Description
1 online resource (456 pages)
System Control No.
eep9781839107306
Summary
"This pioneering book explores the intersections of law and culture at the International Criminal Court (ICC), offering insights into how notions of culture affect the Court's legal foundations, functioning and legitimacy, both in theory and in practice. Leading scholars and legal practitioners take a multidisciplinary approach to challenge the view that international law is not limited or bound by a particular culture, arguing instead that law and culture are intertwined. Analysing how culture influences views of the law, the facts to which it applies, and the fairness of the outcome, the contributors consider the implications of culture and law for the ICC and its international reach. Chapters discuss important intersections of law and culture, from religion and politics to the definition of international crimes and their interpretation by judges. Highlighting the inherent but often overlooked role of 'culture' at the ICC, the book puts forward recommendations to aid the Court's future considerations. This book is a valuable resource for academics and students in a variety of fields including law, criminology, anthropology, international relations and political science. Its practical focus is also beneficial for legal practitioners and civil society organisations working in international criminal justice"-- Provided by publisher.
Note
Includes index.
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text file
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Description based on print record.
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Added Author
Fraser, Julie, 1981- editor.
Leyh, Brianne McGonigle editor.
Added Corporate Author
Edward Elgar Publishing, publisher.
Contents: 1 intersections of law and culture at the international criminal court: Introduction / Julie Fraser and Brianne McGonigle Leyh
2 now you see it, now you don't: Culture at the international criminal court / Leigh Swigart
Part I: Substantive crimes and culture
3 how to solve a problem like al madhi : Proposal for a new crime of 'attacks against cultural heritage' / Peta-Louise Bagott
4 cultural heritage destruction and the icc: Lessons from connecting cultural heritage and human rights through a library lens / Vicky Breemen and Kelly Breemen
5 keeping the 'delicate mosaic' together: Can the ICC deal with intangible cultural heritage? / Martyna Fałkowska-Clarys and Lily Martinet
6 a political analysis of sexual violence in the international criminal court / Alison Dundes Renteln
Part II: Proceedings and culture
7 'solemnly declare to tell the truth': Internationalising the solemn undertaking before the international criminal court / Joshua Isaac Bishay
8 spellbound at the international criminal court: The intersection of spirituality and international criminal law / Adina-Loredana Nistor, Andrew Merrylees and Barbora Holá
9 'questioned by the court': The role of judges and sociocultural aspects of testimonial evidence in katanga / Suzanne Schot
10 the power of culture and judicial decision-making at the international criminal court / Gregor Maučec
Doing 'justice' at the office of the prosecutor: Portrayals of a cultural value / Cale Davis
Part III: Defences, sentencing, victims and culture
12 in defence of culture: Should defences based on culture apply at the icc? / Noelle Higgins
13 introducing aspects of transformative justice to the international criminal court through plea negotiation / Phoebe Oyugi and Owiso Owiso
14 'culture' and sentencing at the international criminal court / Michelle Coleman
15 a delicate mosaic: The icc, culture and victims / Fiona McKay
Part IV: The icc's global reach and legitimacy
16 the quest for cultural legitimacy at the icc: A third-way approach as an appropriate response to African cultural paradigms / Ingrid Roestenburg-Morgan
17 'we will let it die on its own': Culture, ideology and power at play between the United States and the international criminal court / Brianne McGonigle Leyh
18 asia's reluctance to join the icc: Who is jilted by whom? / Nikhil Narayan
19 exploring legal compatibilities and pursuing cultural legitimacy: Islamic law and the icc / Julie Fraser
20 Afterword: Culture, genuine and juridical / Mark Goodale
Index.

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