Cultural defences at the International Criminal Court /

Cultural defences at the International Criminal Court /

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Bibliographic Details
Author / Creator:Higgins, Noelle, author.
Imprint:Abingdon, Oxon ; New York, NY : Routledge, 2018.
©2018
Description:vi, 123 pages ; 23 cm
Language:English
Subject:
International Criminal Court.
International Criminal Court.
Defense (International criminal procedure)
Cultural defense (Law)
Cultural defense (Law)
Defense (International criminal procedure)
Format: Print Book
URL for this record:http://pi.lib.uchicago.edu/1001/cat/bib/11409781
Hidden Bibliographic Details
ISBN:9781138893610
1138893617
Notes:"Routledge focus"--series-like statement on cover.
Includes bibliographical references (pages [107]-118) and index.
Summary:Cultural defences, i.e. claims that certain aspects of a defendant's cultural background should be taken into consideration by courts when adjudicating on their guilt or innocence, have been raised before domestic courts in a variety of jurisdictions. This has been a very sensitive and controversial issue. However, the issue of cultural defences in international tribunals is one which has not yet been fully explored. The main objective of this book is to analyse if the ICC can, and should, accommodate cultural defences as answers to legal charges, or if the Court should accommodate cultural considerations in other ways.
Table of Contents:
  • Introduction
  • Introductory comments
  • Research question
  • Structure
  • The cultural defence; its use and abuse
  • Introduction
  • What is culture
  • The cultural defence
  • Arguments in favour and against the cultural defence
  • The right to culture
  • Creating a legal framework
  • Cultural relativism
  • Enculturation
  • Religion as culture
  • The right to a fair trial
  • Human rights treaties and the ICC
  • Individualised justice
  • Conclusion
  • The ICC statute; a culture clash?
  • Introduction
  • Law as culture
  • The making of the rome statute
  • Cultural accommodation at the ICC
  • Cultural property
  • Linguistic diversity
  • Victims and witnesses
  • Expert witnesses on cultural issues
  • Judges
  • Sentencing
  • Reparations
  • Article 21 of the ICC Statute and sources of law a cultural portal
  • Applicable treaties and the principles and rules of international law, including the established principles of the international law of armed conflict
  • General principles of law
  • Conclusion
  • Defences at the ICC
  • Introduction
  • Defences in international criminal law
  • Statute provisions on defences (Articles 31-33)
  • Mental incapacity, disease or defect
  • Cultural issues as part of the mental incapacity defence
  • Intoxication
  • Cultural issues as part of the intoxication defence
  • Self-defence, defence of others and defence of property
  • Cultural issues as part of the self-defence defence
  • Duress or necessity
  • Cultural issues as part of the defence of necessity or duress
  • Mistake of fact or law
  • Cultural issues as part of the defence of mistake
  • Superior orders
  • Cultural issues as part of the defence of superior orders
  • A cultural defence as another ground for excluding criminal liability
  • Conclusion
  • ICC practice
  • Introduction
  • Linguistic diversity
  • Child soldiers
  • Child soldiers and the lubanga case
  • Child soldiers and the ongwen case
  • Duress in the ongwen case
  • The destruction of cultural property
  • Hisbah
  • Ziyara
  • Cultural considerations in the al mahdi reparations decision
  • Moral harm
  • Conclusion
  • Conclusion.

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