Philosophical Foundations of International Criminal Law: Its Intellectual Roots, Related Limits and Potential (original) (raw)
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Introduction: On the Philosophy of International Criminal Law
International Criminal Law Review, 2014
What is international criminal law?' thereby inquiring about interna tional criminal law's nature and origin and, ipso facto, its sources of norm-creation and, as an aspect of this, the difference (if any) between legislation and adjudication;7 pursuit According to M. Cherif Bassiouni, realpolitik is geared toward the interest in power while using justice as a bargaining chip. See M. Cherif Bassiouni, 'Searching for Justice in the World of Realpolitik' , XII Pace International Law Review (2000) 213-214. 4 Plato's dialogue, The Republic, suffices to illustrate both the philosophical mindset and the bad image of Sophists who are not striving for wisdom but instead have turned the art of reasoning into a game (for wealth and fame) and, with this, turned themselves into the realpoliticians of philosophy. See G. R. F. Ferrari (ed.), Plato, The Republic (Cambridge University Press, Cambridge, 2000). 5 The thesis-antithesis constellation can be credited to Georg W. F. Hegel, who also inspired Karl Marx's dialectical materialism.
This second volume in the series ‘Philosophical Foundations of International Criminal Law’ zooms in on some of the foundational concepts or principles of the discipline of international criminal law, with a view to exploring their Hinterland beyond the traditional doctrinal discourse. It contains eight chapters on concepts such as sovereignty, global criminal justice, international criminal responsibility for individuals, punishment, impunity and truth. Among the authors in this book are Christoph Burchard, Christopher B. Mahony, Milinda Banerjee, CHAO Yi, Javier Dondé-Matute, Barrie Sander, Max Pensky and Shannon E. Fyfe.
Philosophical Foundations of International Criminal Law: Correlating Thinkers
118-1 (e-book)). This publication was first published on 30 November 2018. TOAEP publications may be openly accessed and downloaded through the web site www.toaep.org which uses Persistent URLs (PURLs) for all publications it makes available. These PURLs will not be changed and can thus be cited. Printed copies may be ordered through online distributors such as www.amazon.co.uk.
2018
This first volume in the series ‘Philosophical Foundations of International Criminal Law’ correlates the writings of leading philosophers with international criminal law. The chapters discuss thinkers such as Plato, Cicero, Ulpian, Aquinas, Grotius, Hobbes, Locke, Vattel, Kant, Bentham, Hegel, Durkheim, Gandhi, Kelsen, Wittgenstein, Lemkin, Arendt and Foucault. The book does not develop or promote a particular philosophy or theory of international criminal law. Rather, it sees philosophy of international criminal law as a discourse space, which includes a) correlational or historical, b) conceptual or analytical, and c) interest- or value-based approaches. The sister-vol- umes Philosophical Foundations of International Criminal Law: Foundational Concepts and Philosophical Foundations of International Criminal Law: Legally Protected Interests seek to address b) and c). Among the authors in this book are Madan B. Lokur, Gregory S. Gordon, Pe- dro Lopez Barja de Quiroga, Kaius Tuori, Hanne Sophie Greve, Tallyn Gray, Pablo Kalmanovitz, Juan Paulo Branco Lopez, Daniel N. Clay, Elisabetta Fiocchi Malaspina, Alexander Heinze, Gunnar Ekeløve-Slydal, Sergio Dellavalle, Carlos Augusto Canedo Gonçalves da Silva, Aléxia Alvim Machado Faria, Abraham Joseph, Jochen von Bern- storff, Jaroslav Větrovský, Mark Drumbl, Djordje Djordjević, Nora Helene Bergsmo and the editors.
2007
This work is an introductory chapter for a forthcoming book on Understanding International Criminal Law to be published by Aspen Publishers as part of Aspen's Essentials series. This chapter presents a succinct history of international criminal law (ICL), drawing upon major developments in the law of armed conflict, international human rights law, and the criminal prohibitions against piracy and the slave trade. The chapter interweaves the history of substantive norms with that of evolving principles of domestic and international jurisdiction, as these narratives are virtually inseparable in ICL. Additional chapters in the text will address the sources of ICL, the major international crimes and defenses, and ICL reasoning and rhetoric. Publication is expected in 2007 for adoption in 2008.
Introduction to 'Critical Approaches to International Criminal Law. An Introduction'
This is the introductory chapter to the edited collection 'Critical Approaches to International Criminal Law. An Introduction'. I set out how the CAICL research network came about and what we had in mind for a critique of international criminal law. In particular, I aim to relate the difference between an 'assumptions critique' (as is aimed for in the book) and 'effectiveness critique'. The chapter also provides an overview of the chapters and main themes explored therein.
Between Philosophy and International Criminal Law: Examples of Interdisciplinary Approaches
International Criminal Law Review
This introduction is written by the two guest editors for a Special Issue of International Criminal Law Review entitled ‘Between Philosophy and International Criminal Law: Examples of Interdisciplinary Approaches.’ The text briefly explains the need for interdisciplinary research on law, meaning that the scholarly approaches are not limited to the theoretical foundations and methodologies of international criminal law (icl) and international Criminal Justice (icj). The introduction also provides an interdisciplinary snapshot of a selection of seven contributions, which represent a broad spectrum of examples.
A Critical Analysis of Hart’s Philosophical Perspective on International Criminal Law
Academic Research and Evaluations in the Field of Social Sciences-III., 2024
This article examines the philosophical principles of international criminal law from a natural law perspective. In general, the natural law approach argues that law should be based on universal principles of justice, while positivist views reduce law to objective norms. By emphasizing the differences and conflicts between these two philosophical approaches, this article addresses the controversial aspects of international criminal law's conception of justice and the nature of legal norms based on the positivist ideas of H.L.A. Hart. However, while criticizing H.L.A. Hart's positivist conception of law, the contribution of the natural law perspective to the shaping of international criminal law is addressed. This article emphasizes the importance of evaluating international criminal law from a natural law perspective in addition to positivist law and provides a critical foundation for the continuity of law that should be continued in future research.
View of internal courtyard of the orphanage Ospedale degli Innocenti in Florence. Established in 1419 by the local silk workers guild, it is an early example of secular resolve to elevate concern for the survival and security of vulnerable children, a value shared with the authorities of Florence and religious institutions. Facing serious environmental threats six centuries later, this anthology argues that the equally-fundamental values of humankind's survival and unity should be given elevated recognition also by international criminal law. Back cover: Binding ancient steps on the flight of stairs leading up to the enclosed landing of the fifteenth century Convent of St. Francis in Fiesole outside Florence. By metaphor, this book discusses how we can bind a fractured humankind also with the hands of international criminal justice. All volumes in this Publication Series display a picture of publicly accessible ground on the back cover.