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Intersections of Law and Culture at the International Criminal Court by Brianne McGonigle Leyh (2020, Hardcover)

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About this product

Product Identifiers

PublisherElgar Publishing, Incorporated, Edward

ISBN-101839107294

ISBN-139781839107290

eBay Product ID (ePID)16050382363

Product Key Features

Number of Pages456 Pages

LanguageEnglish

Publication NameIntersections of Law and Culture at the International Criminal Court

SubjectHuman Rights, Courts, International

Publication Year2020

TypeTextbook

AuthorBrianne Mcgonigle Leyh

Subject AreaLaw, Political Science

FormatHardcover

Dimensions

Item Height1.2 in

Item Weight28.7 Oz

Item Length9.6 in

Item Width6.5 in

Additional Product Features

Intended AudienceScholarly & Professional

LCCN2020-944283

Dewey Edition23

Reviews'This provocative volume on the culture of the ICC comes amid growing awareness that the Court's internal culture shapes its own legal operations as well as the far flung cultures in which it intervenes. Fraser and McGonigle Leyh have assembled an impressively diverse array of contributors to dissect the numerous cultural dimensions of the ICC's work. What they show is that, rather than delivering a universal conception of justice, the ICC's norms and approaches derive from specific (mostly Global North) cultures and intersect in complex - sometimes damaging - ways with different cultural practices and perspectives around the world. This book is essential reading for anyone interested in the culturally specific character of a nominally "global" institution.', 'Offering a missing piece of the puzzle for conceptualizing the place of law and culture in international criminal law circuits, Julie Fraser and Brianne McGonigle Leyh have provided us with a brilliant framework for making sense of the ideas and complexities that shape international criminal law. Through an exploration into the way that various communities deal with norm breaking behavior and produce cultural codes which shape court daily practice, Intersections of Law and Culture at the International Criminal Court highlights issues that often go unaddressed in the life of the law. Instead, the volume offers us an intervention into the profundity of cultural processes that are central to the perceived stability and dynamism of international law., 'This is a highly original and thought-provoking book on the ways in which culture impacts the work of the ICC. While some topics may be more familiar to lawyers, like cultural defences, other chapters discuss novel areas where law and culture intersect in relation to the Court. As detailed in this extraordinary treatise, the Court has continuously grappled with cultural entanglements both inside and outside its proceedings. For anyone interested in this global institution, this book is a welcome and much-needed addition to ICC scholarship.' --Michael Scharf, Case Western Reserve University, US, 'This is a highly original and thought-provoking book on the ways in which culture impacts the work of the ICC. While some topics may be more familiar to lawyers, like cultural defences, other chapters discuss novel areas where law and culture intersect in relation to the Court. As detailed in this extraordinary treatise, the Court has continuously grappled with cultural entanglements both inside and outside its proceedings. For anyone interested in this global institution, this book is a welcome and much-needed addition to ICC scholarship.', This is a must read for students of international law, who seek to understand the complexities of law and culture in the contemporary period.' --Kamari Clarke, University of California, Los Angeles, US, 'This is thought-provoking analytical work that calls for self-awareness and engagement with culture. The collection will interest anyone working in the international criminal law field, and with the ICC - whether practitioners or academics.', 'This volume provides an innovative perspective on the ICC's work and is heartily recommended for scholars and students in the field of transitional justice looking for nuanced comprehen- sion of the challenges the ICC faces in delivering global justice.'

Dewey Decimal345/.01

Table Of ContentContents:1 Intersections of law and culture at the International CriminalCourt: Introduction 1Julie Fraser and Brianne McGonigle Leyh 2 Now you see it, now you don't: culture at the InternationalCriminal Court 14Leigh Swigart PART I SUBSTANTIVE CRIMES AND CULTURE3 How to solve a problem like Al Madhi : proposal for a newcrime of 'attacks against cultural heritage' 38Peta-Louise Bagott 4 Cultural heritage destruction and the ICC: lessons fromconnecting cultural heritage and human rights througha library lens 59Vicky Breemen and Kelly Breemen 5 Keeping the 'delicate mosaic' together: can the ICC dealwith intangible cultural heritage? 81Martyna Falkowska-Clarys and Lily Martinet 6 A political analysis of sexual violence in the InternationalCriminal Court 102Alison Dundes Renteln PART II PROCEEDINGS AND CULTURE7 'Solemnly declare to tell the truth': internationalising theSolemn Undertaking before the International Criminal Court 127Joshua Isaac Bishay 8 Spellbound at the International Criminal Court: theintersection of spirituality and international criminal law 147Adina-Loredana Nistor, Andrew Merrylees and Barbora Holá 9 'Questioned by the Court': the role of judges andsociocultural aspects of testimonial evidence in Katanga 169Suzanne Schot 10 The power of culture and judicial decision-making at theInternational Criminal Court 190Gregor Maucec 11 Doing 'justice' at the Office of the Prosecutor: portrayals ofa cultural value 209Cale Davis PART III DEFENCES, SENTENCING, VICTIMS AND CULTURE12 In defence of culture: should defences based on cultureapply at the ICC? 229Noelle Higgins 13 Introducing aspects of transformative justice to theInternational Criminal Court through plea negotiation 249Phoebe Oyugi and Owiso Owiso 14 'Culture' and sentencing at the International Criminal Court 268Michelle Coleman 15 A delicate mosaic: the ICC, culture and victims 288Fiona McKay PART IV THE ICC'S GLOBAL REACH AND LEGITIMACY16 The quest for cultural legitimacy at the ICC: a third-wayapproach as an appropriate response to African cultural paradigms 312Ingrid Roestenburg-Morgan 17 'We will let it die on its own': culture, ideology and powerat play between the United States and the InternationalCriminal Court 337Brianne McGonigle Leyh 18 Asia's reluctance to join the ICC: who is jilted by whom? 358Nikhil Narayan 19 Exploring legal compatibilities and pursuing culturallegitimacy: Islamic law and the ICC 378Julie Fraser 20 Afterword: culture, genuine and juridical 397Mark GoodaleIndex

SynopsisThis pioneering book explores the intersections of law and culture at the International Criminal Court (ICC), offering insights into how notions of culture affect the Court's legal foundations, functioning and legitimacy, both in theory and in practice., This pioneering book explores the intersections of law and culture at the International Criminal Court (ICC), offering insights into how notions of culture affect the Court's legal foundations, functioning and legitimacy, both in theory and in practice. Leading scholars and legal practitioners take a multidisciplinary approach to challenge the view that international law is not limited or bound by a particular culture, arguing instead that law and culture are intertwined. Analysing how culture influences views of the law, the facts to which it applies, and the fairness of the outcome, the contributors consider the implications of culture and law for the ICC and its international reach. Chapters discuss important intersections of law and culture, from religion and politics to the definition of international crimes and their interpretation by judges. Highlighting the inherent but often overlooked role of 'culture' at the ICC, the book puts forward recommendations to aid the Court s future considerations. This book is a valuable resource for academics and students in a variety of fields including law, criminology, anthropology, international relations and political science. Its practical focus is also beneficial for legal practitioners and civil society organisations working in international criminal justice.

LC Classification NumberKZ7312