1st Edition

The Ashgate Research Companion to International Criminal Law Critical Perspectives

By Yvonne Mcdermott, William Schabas Copyright 2013
    554 Pages
    by Routledge

    600 Pages
    by Routledge

    This book provides a timely critical overview of both the health and trajectory of international criminal law's continuing evolution. It represents a modest collective effort to introduce an element of legal realism or critical legal studies into the academic discourse.

    0. Introduction Part I: International Crimes and Modes of Liability 1. Sisyphus Wept: Prosecuting Sexual Violence at the International Criminal Court 2. Creating a Framework for the Prosecution of Environmental Crimes in International Criminal Law 3. Alleged Aggression in Utopia: An International Criminal Law Examination Question for 2020 4. The Special Tribunal for Lebanon and Terrorism as an International Crime: Reflections on the Judicial Function 5. Damned If You Don’t: Liability for Omissions in International Criminal Law 6. Joint Criminal Enterprise Liability: Result Orientated Justice Part II: The International Criminal Process 7. Rights in Reverse: A Critical Analysis of Fair Trial Rights under International Criminal Law 8. Victims’ Participation at the International Criminal Court: Benefit or Burden? 9. A Shifting Scale of Power: Who is in Charge of the Charges at the International Criminal Court 10. Distinguishing Creativity from Activism: International Criminal Law and the ‘Legitimacy’ of Judicial Development of the Law 11. Equality of Arms in International Criminal Law: Continuing Challenges 12. Protecting the Rights of the Accused in International Criminal Proceedings: Lip Service or Affirmative Action? 13. Reconciliation and Sentencing in the Practice of the ad hoc Tribunals Part III: Complementarity and Sentencing: A Discussion 14. A Sentence-Based Theory of Complementarity 15. ‘Sentencing Horror’ or ‘Sentencing Heuristic’? A Reply to Heller’s ‘Sentence-Based’ Theory of Complementarity 16. Three Theories of Complementarity: Charge, Sentence or Process? A Comment on Kevin Heller’s Sentence-Based Theory of Complementarity Part IV: International Criminal Justice in Context 17. The Short Arm of International Criminal Law 18. Palestine and the Politics of International Criminal Justice 19. Lions and Tigers and Deterrence, Oh My: Evaluating Expectations of International Criminal Justice 20. Hybrid Courts in Retrospect: Of Lost Legacies and Modest Futures 21. ‘Political Trials’? The UN Security Council and the Development of International Criminal Law 22. Expanding the Focus of the ‘African Criminal Court’ 23. The Future of International Criminal Law and Transitional Justice


    William Schabas is Professor of International Law at Middlesex University, UK, Yvonne McDermott is Lecturer in Law at Bangor University, UK and Niamh Hayes is Head of Office at the Institute for International Criminal Investigations, The Hague, the Netherlands.