1st Edition

International Criminal Law in Context

Edited By Philipp Kastner Copyright 2018
    364 Pages
    by Routledge

    364 Pages
    by Routledge

    International Criminal Law in Context provides a critical and contextual introduction to the fundamentals of international criminal law. It goes beyond a doctrinal analysis focused on the practice of international tribunals to draw on a variety of perspectives, capturing the complex processes of internationalisation that criminal law has experienced over the past few decades.

    The book considers international criminal law in context and seeks to account for the political and cultural factors that have influenced – and that continue to influence – this still-emerging body of law. Considering the substance, procedures, objectives, justifications and impacts of international criminal law, it addresses such topics as:

    • the history of international criminal law;

    • the subjects of international criminal law;

    • transitional justice and international criminal justice;

    • genocide, crimes against humanity, war crimes and the crime of aggression;

    • sexual and gender-based crimes;

    • international and hybrid criminal tribunals;

    • sentencing under international criminal law; and

    • the role of victims in international criminal procedure.

    The book will appeal to those who want to study international criminal law in a critical and contextualised way. Presenting original research, it will also be of interest to scholars and practitioners already familiar with the main legal and policy issues relating to this body of law.


    Introduction: International criminal law in context

    Philipp Kastner

    Part I: Contextualising international criminal law

    1. The conscience of civilisation, and its discontents: a counter history of international criminal law
    2. Gerry Simpson

    3. The subjects of international criminal law
    4. Frédéric Mégret

    5. The idea of transitional justice: international criminal justice and beyond
    6. Wendy Lambourne

      Part II: International Crimes

    7. Genocide: to prevent and punish "radical evil"
    8. Eyal Mayroz

    9. Crimes against humanity: the concept of humanity in international law
    10. Raphaëlle Nollez-Goldbach

    11. War crimes: increasing compliance with international humanitarian law through international criminal law?
    12. Dale Stephens and Thomas Wooden

    13. Sexual and gender-based crimes
    14. Rosemary Grey

    15. The crime of aggression: shifting authority for international peace?
    16. Sean Richmond

    17. Rethinking liberal legality through the African Court on Justice and Human Rights: re-situating economic crimes and other enablers of violence
    18. Kamari Maxine Clarke

      Part III: The implementation of international criminal law

    19. The ad hoc tribunals: image, origins, pathways, legacies
    20. Timothy William Waters

    21. Hybrid tribunals: institutional experiments and the potential for creativity within international criminal law
    22. Philipp Kastner

    23. The International Criminal Court: between law and politics
    24. Christian M. De Vos

    25. Complementarity revisited: national prosecution of international crimes and the gaps in international law
    26. Fannie Lafontaine and Sophie Gagné

    27. The influence of international human rights law on international criminal procedure Yvonne McDermott
    28. ‘And where the offence is, let the great axe fall’: sentencing under international criminal law
    29. Mark A. Drumbl

    30. The role of victims: emerging rights to participation and reparation in international criminal courts

    Stephen Smith Cody and Eric Stover


    Philipp Kastner is an Assistant Professor in International Law at the Law School of the University of Western Australia in Perth, Australia.