Cultural defences, i.e. claims that certain aspects of a defendant’s cultural background should be taken into consideration by courts when adjudicating on their guilt or innocence, have been raised before domestic courts in a variety of jurisdictions. This has been a very sensitive and controversial issue. However, the issue of cultural defences at international tribunals is one that has not yet been fully explored. The main objective of this book is to analyse if the International Criminal Court can, and should, accommodate cultural defences as answers to legal charges, or if the Court should accommodate cultural considerations in other ways.
Table of Contents
1. Introduction; 2. The Cultural Defence; Its Use and Abuse; 3. The ICC Statute; A Culture Clash?; 4. Defences at the ICC; 5. ICC Practice; 6. Conclusion
Noelle Higgins is a Senior Lecturer in Law at Maynooth University Department of Law, Ireland.