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Short description/annotation
This book is the first booklength treatment of the philosophical foundations of international criminal law.
Main description
This book is the first booklength treatment of the philosophical foundations of international criminal law. The focus is on the moral, legal, and political questions that arise when individuals who commit collective crimes, such as crimes against humanity, are held accountable by international criminal tribunals. These tribunals challenge one of the most sacred prerogatives of states - sovereignty - and breaches to this sovereignty can be justified in limited circumstances, following what the author calls a minimalist account of the justification of international prosecution. Written in a clear and accessible style, this book should appeal to anyone with an interest in international law, political philosophy, international relations, and human rights theory.
Table of contents:
Part I. Universal Norms and Moral Minimalism: 1. Introduction; 2. Jus cogens norms; 3. Custom, opinio juris, and consent; Part II. Principles of International Criminal Law: 4. The security principle; 5. The international harm principle; 6. International crime: the case of rape; Part III. Prosecuting International Crimes: 7. Prosecuting minor players for crimes against humanity; 8. Prosecuting state leaders for crimes against humanity; 9. Prosecuting genocide amidst widespread complicity; Part IV. Defenses and Alternatives: 10. Superior orders, duress, and moral perception; 11. The international rule of law; 12. Victims and convictions; 13. Reconciliation and amnesty programs.
This book is the first booklength treatment of the philosophical foundations of international criminal law.
Main description
This book is the first booklength treatment of the philosophical foundations of international criminal law. The focus is on the moral, legal, and political questions that arise when individuals who commit collective crimes, such as crimes against humanity, are held accountable by international criminal tribunals. These tribunals challenge one of the most sacred prerogatives of states - sovereignty - and breaches to this sovereignty can be justified in limited circumstances, following what the author calls a minimalist account of the justification of international prosecution. Written in a clear and accessible style, this book should appeal to anyone with an interest in international law, political philosophy, international relations, and human rights theory.
Table of contents:
Part I. Universal Norms and Moral Minimalism: 1. Introduction; 2. Jus cogens norms; 3. Custom, opinio juris, and consent; Part II. Principles of International Criminal Law: 4. The security principle; 5. The international harm principle; 6. International crime: the case of rape; Part III. Prosecuting International Crimes: 7. Prosecuting minor players for crimes against humanity; 8. Prosecuting state leaders for crimes against humanity; 9. Prosecuting genocide amidst widespread complicity; Part IV. Defenses and Alternatives: 10. Superior orders, duress, and moral perception; 11. The international rule of law; 12. Victims and convictions; 13. Reconciliation and amnesty programs.
'Humanity has been much written about, but not crimes against it. This book, which combines insights into moral and social philosophy and law reminds us of the need to translate our professed human values into action to prevent their depredations. It is through such intellectual writings that our conscience is stirred to action.' M. Cherif Bassiouni, DePaul University College of Law