Pluralism In International Criminal Law

Synopsis

The Book Employs Pluralism As A Methodological Tool To Advance The Debate Beyond The Classic View Of 'legal Pluralism' Leading To A Problematic Fragmentation Of The International Legal Order. It Argues Instead That Pluralism Is A Fundamental And Indispensable Feature Of International Criminal Law Which Permeates It On Several Levels: Through Multiple Legal Regimes And Enforcement Fora, Diversified Sources And Interpretations Of Concepts, And Numerous Identities Underpinning The Law And Practice. The Book Addresses The Virtues And Dangers Of Pluralism, Reflecting On The Need For, And Prospects Of, Harmonization Of International Criminal Law Around A Common Grammar. It Ultimately Brings Together The Theories Of Legal Pluralism, The Comparative Law Discourse On Legal Transplants, Harmonization, And Convergence, And The International Legal Debate On Fragmentation To Show Where Pluralism And Divergence Will Need To Be Accepted As Regular, And Even Beneficial, Features Of International Criminal Justice.--provided By Publisher. I. Pluralism : Conceptual Perspectives -- Pluralism : A New Framework For International Criminal Justice / Elies Van Sliedregt And Sergey Vasiliev -- Legal Transplants Or Legal Patchworking? : The Creation Of International Criminal Law As A Pluralistic Body Of Law / Cassandra Steer -- The Curious Criminality Of Mass Atrocity : Diverse Actors, Multiple Truths, And Plural Responses / Mark A. Drumbl -- Ii. Horizontal Pluralism -- Organizational Criminality / Jens David Ohlin -- Pluralism In Theories Of Liability : Joint Criminal Enterprise Versus Joint Perpetration / Marjolein Cupido -- Fragmentation And Harmonization In The Development Of Evidentiary Practices In International Criminal Tribunals / John D. Jackson And Yassin M. Brunger -- Consistency And Pluralism Of International Sentencing : An Empirical Assessment Of The Icty And Ictr Practice / Barbora Hold -- Iii. Vertical Pluralism -- National Adjudication Of International Crimes : A Dutch Approach / Ruth A. Kok -- Pluralism And The Rights Of The Accused In International Criminal Proceedings / Alexander Zahar -- The Nature Of International Crimes And Evidentiary Challenges : Preserving Quality While Managing Quantity / Elinor Fry -- Evidentiary Challenges For The Defence : Domestic And International Prosecutions Of International Crimes / Wayne Jordash And Matthew R. Crowe -- Iv. Harmonization, Uniformity, Or Hegemony? -- Establishing Degrees Of Responsibility : Modes Of Participation In Article 25 Of The Icc Statute / Gerhard Werle And Boris Burghardt -- Ten Reasons For Adopting A Universal Concept Of Participation In Atrocity / James G. Stewart -- Collective Intentions And Individual Criminal Responsibility In International Criminal Law / Javid Gadirov -- Evidence And Selection Of Judges In International Criminal Tribunals : The Need For A Harmonized Approach / Peter Murphy And Lina Baddour. Edited By Elies Van Sliedregt And Sergey Vasiliev. Collection Of Papers Presented At The Conference Pluralism V Harmonization: National Adjudication Of International Crimes That Was Held In June 2012 In Amsterdam--acknowlegements. Includes Bibliographical References (pages 391-422) And Index.