International Criminal Law and Philosophy

This anthology brings together legal and philosophical theorists to examine the normative and conceptual foundations of international criminal law. In particular, through these essays the international group of authors addresses questions of state sovereignty; of groups, rather than individuals, as perpetrators and victims of international crimes; of international criminal law and the promotion of human rights and social justice; and of what comes after international criminal prosecutions, namely, punishment and reconciliation. International criminal law is still an emerging field, and as it continues to develop, the elucidation of clear, consistent theoretical groundings for its practices will be crucial. The questions raised and issues addressed by the essays in this volume will aid in this important endeavor. 'By combining and applying legal theory to troublesome social realities this book describes international criminal law as a dynamic and developing field. International Criminal Law and Philosophy is therefore highly recommended to anyone interested in innovative and critical answers to questions of international criminal law and philosophy.' International Criminal Law Review 'International Criminal Law and Philosophy raises fundamental questions and examines novel issues in the merging field of international criminal law. ... May and Hoskins have provided a valuable contribution to current multidisciplinary debates on international criminal law.' The Journal of Ethics and International Affairs 'International Criminal Law and Philosophy is a thought-provoking and valuable collection of essays, all of which are intended to examine both the conceptual and normative grounding of international criminal law, which is supposedly individual responsibility for mass atrocities ... Readers interested in legal theory generally or challenges to international criminal law specifically would have the most to gain from this material ...' Dr Edwin Bikundo, Current Issues in Criminal JusticeIntroduction Larry May and Zach Hoskins; Part I. Sovereignty and Universal Jurisdiction: 1. International crimes and universal jurisdiction Win-chiat Lee; 2. State sovereignty as an obstacle to international criminal law Kristen Hessler; 3. International criminal courts, the rule of law, and the prevention of harm: building justice in times of injustice Leslie Francis and John Francis; Part II. Culture, Groups, and Corporations: 4. Criminalizing culture Helen Stacy; 5. Identifying groups in genocide cases Larry May; 6. Prosecuting corporations for international crimes: the role for domestic criminal law Joanna Kyriakakis; Part III. Justice and International Criminal Prosecutions: 7. Post war environmental damage: a study in jus post bellum Douglas Lackey; 8. On state self-defense and Guantanamo Bay Steve Viner; 9. Politicizing human rights (using international law) Anat Biletzki; Part IV. Punishment and Reconciliation: 10. The justification of punishment in the international context Deirdre Golash; 11. Political reconciliation and international criminal trials Colleen Murphy.