Facts matter
Subtitle: a study into the casuistry of substantive international criminal law
By: Marjolein Cupido
Publisher: Eleven Publishers
Published: 2015
Place of publication: The Hague, the Netherlands
Language: eng
Number of pages: 206
ISBN-13: 9789462900349; 9789462742468
Subjects: Judicial process; Law and fact; International criminal courts; International criminal law; Casuistry; Methodology
Description: "International criminal law has gained momentum since the creation of the International Criminal Tribunals for the former Yugoslavia and Rwanda and the International Criminal Court in the 1990s. Through case law, these courts have transformed rudimentary notions of accountability for mass atrocity into comprehensive concepts of individual criminal responsibility for war crimes, crimes against humanity and genocide. This process has been characterised by a high degree of judicial creativity. The courts have progressively advanced and modernised underdeveloped and outdated international crimes and theories of liability. The author analyses and evaluates the creative practice of international courts by using insights from casuistry. In particular, the author takes the theory and methodology of casuistry as a starting-point for assessing three substantive legal issues: the policy element of crimes against humanity; the distinction between Joint Criminal Enterprise and joint perpetration; and the contextual embedding of genocide. This assessment complements prevailing notions of substantive international criminal law and adds a new voice to existing debates on judicial reasoning"--Back cover.
Notes: Includes bibliographical references (pages 175-206).
Table of contents: title: Prologue : a plea for a casuistic approach to international criminal law; title: The policy underlying crimes against humanity : practical reflections on a theoretical debate; title: Pluralism in theories of liability : joint criminal enterprise versus joint perpetration; title: The contextual embedding of genocide ; a casuistic analysis of the interplay between law and facts; title: Epilogue : Developing a casuistic framework of judicial reasoning.