Pluralism in International Criminal Law

Hardcover | October 10, 2014

EditorElies van Sliedregt, Sergey Vasiliev

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Despite the growth in international criminal courts and tribunals, the majority of cases concerning international criminal law are prosecuted at the domestic level. This means that both international and domestic courts have to contend with a plethora of relevant, but often contradictory,judgments by international institutions and by other domestic courts. This book provides a detailed investigation into the impact this pluralism has had on international criminal law and procedure, and examines the key problems which arise from it. The work identifies the various interpretations ofthe concept of pluralism and discusses how it manifests in a broad range of aspects of international criminal law and practice. These include substantive jurisdiction, the definition of crimes, modes of individual criminal responsibility for international crimes, sentencing, fair trial rights, lawof evidence, truth-finding, and challenges faced by both international and domestic courts in gathering, testing and evaluating evidence.Authored by leading practitioners and academics in the field, the book employs pluralism as a methodological tool to advance the debate beyond the classic view of "legal pluralism" leading to a problematic fragmentation of the international legal order. It argues instead that pluralism is afundamental and indispensable feature of international criminal law which permeates it on several levels: through multiple legal regimes and enforcement fora, diversified sources and interpretations of concepts, and numerous identities underpinning the law and practice. The book addresses thevirtues and dangers of pluralism, reflecting on the need for, and prospects of, harmonization of international criminal law around a common grammar. It ultimately brings together the theories of legal pluralism, the comparative law discourse on legal transplants, harmonization, and convergence, andthe international legal debate on fragmentation to show where pluralism and divergence will need to be accepted as regular, and even beneficial, features of international criminal justice.

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Despite the growth in international criminal courts and tribunals, the majority of cases concerning international criminal law are prosecuted at the domestic level. This means that both international and domestic courts have to contend with a plethora of relevant, but often contradictory,judgments by international institutions and by o...

Elies van Sliedregt is Professor of Criminal Law, Dean of the Faculty of Law, and Director of the Center for International Criminal Justice at the Vrije Universiteit Amsterdam. She previously worked as associate professor at Leiden University and as a lecturer at Utrecht University and held visiting fellowships in Cambridge, Oxford, Bo...

other books by Elies van Sliedregt

Format:HardcoverDimensions:410 pagesPublished:October 10, 2014Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0198703198

ISBN - 13:9780198703198

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Table of Contents

PART I. PLURALISM: CONCEPTUAL PERSPECTIVES1. E. van Sliedregt and S. Vasiliev: Introduction2. J. Stewart and A. Kiyani: Legal Pluralism: A Philosophical Perspective3. C. Steer: Legal Transplants or Legal Patchworking? The Creation of International Criminal Law as a Pluralistic Body of Law4. S. Vasiliev: The Plural Pluralisms of International Criminal Procedure: In Search of a Normative IdentityPART II. HORIZONTAL PLURALISM5. J.D. Ohlin: Organizational Criminality6. M. Cupido: Modes of Liability: Pluralism in Theory, Uniformity in Legal Practice?7. J.D. Jackson: Evidentiary Practices in the International Criminal Tribunals: A Comparative Approach8. B. Hola: Pluralism in Sentencing? Consistency of International Sentencing and International Sentencing Guidelines9. M. Drumbl: Beyond International Criminal Law: The Curious Criminality of Mass AtrocityPART III. VERTICAL PLURALISM10. R. Kok: Interpretation and Application of International Criminal Law in Dutch Courts11. A. Zahar: Pluralism and the Rights of the Accused in International Criminal Proceedings12. E. Fry: Proving International Crimes: Sui Generis Evidence Law?13. W. Jordash: Evidentiary Challenges: Domestic and International Prosecutions ComparedPART IV. FROM PLURALISM TO HARMONIZATION? LOOK TO THE FUTURE14. G. Werle and B. Burghardt: Individual Criminal Responsibility in Article 25 ICC Statute15. J. Gadirov: Collective Intentions and Individual Criminal Responsibility16. P. Murphy and L. Baddour: Evidence in International Criminal Tribunals: The Need for a Harmonized Approach17. E. van Sliedregt and S. Vasiliev: Conclusion