Principled International Criminal Justice: Lessons from Tort Law, 1st Edition (Hardback) book cover

Principled International Criminal Justice

Lessons from Tort Law, 1st Edition

By Mark Findlay, Joanna Chuah Hui Ying

Routledge

176 pages

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pub: 2018-07-26
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Description

Commencing its search for a principled international criminal justice, this book argues that the Preamble to the Rome Statute requires a very different notion of justice than that which would be expected in domestic jurisdictions. This thinking necessitates theorising what international criminal justice requires in terms of its legitimacy much more than normative invocations, which in their unreality can endanger the satisfaction of two central concerns – the punitive and the harm-minimisation dimensions. The authors suggest that because of the unique nature and form of the four global crimes, pre-existing proof technologies are failing prosecutors and judges, forcing the development of an often unsustainable line of judicial reasoning. The empirical focus of the book is to look at JCE (joint criminal enterprise) and aiding and abetting as case-studies in the distortion of proof tests. The substantial harm focus of ICJ (international criminal justice) invites applying compatible proof technologies from tort (causation, aggregation, and participation). The book concludes by examining recent developments in corporate criminal liability and criminalising associations, radically asserting that even in harmonising/hybridising international criminal law there resides a new and rational vision for the juridical project of international criminal justice.

Table of Contents

Chapter 1: Conceptualising International Criminal Justice

Chapter 2: Principle and Pragmatism

Chapter 3: The Mystery of Individualism

Chapter 4: Contextualising Global Crimes

Chapter 5: Hybrid Proof Technologies

Chapter 6: Vicissitude or Vision?

About the Authors

Mark Findlay has written extensively on trial transformation in international criminal justice. For decades he has been a leading global figure in the development of critical global criminal justice and procedure, arguing new ways of perceiving the international trial process. As the author of 28 books and more than 150 refereed publications he has an established reputation in regulation and global governance, international criminal justice, globalisation, and crisis thinking. He is a Professor of Law at Singapore Management University and holds honorary chairs at the Australian National University, and the University of New South Wales.

Joanna Chuah Hui Ying reads law at Singapore Management University. Her research and writing interests include international and comparative criminal justice, humanitarian law, corporate and environmental law. Joanna advocates for and contributes articles on human rights and environmental sustainability issues to media and activist civil society organisations in Singapore.

About the Series

International and Comparative Criminal Justice

International and Comparative Criminal Justice
This series explores the new and rapidly developing field of international and comparative criminal justice and engages with its most important emerging themes and debates. It focuses on three interrelated aspects of scholarship which go to the root of understanding the nature and significance of international criminal justice in the broader context of globalization and global governance. These include: the theoretical and methodological problems posed by the development of international and comparative criminal justice; comparative contextual analysis; the reciprocal relationship between comparative and international criminal justice and contributions which endeavor to build understandings of global justice on foundations of comparative contextual analysis.

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Subject Categories

BISAC Subject Codes/Headings:
LAW016000
LAW / Comparative
LAW025000
LAW / Courts
LAW026020
LAW / Criminal Law / Sentencing
LAW027000
LAW / Criminal Procedure
LAW051000
LAW / International
LAW052000
LAW / Jurisprudence
LAW087000
LAW / Torts
SOC004000
SOCIAL SCIENCE / Criminology