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Intersections of Law and Culture at the International Criminal Court

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Intersections of Law and Culture at the International Criminal Court

9781839107290 Edward Elgar Publishing
Edited by Julie Fraser, Assistant Professor and Brianne McGonigle Leyh, Associate Professor, Netherlands Institute of Human Rights, Utrecht University, the Netherlands
Publication Date: October 2020 ISBN: 978 1 83910 729 0 Extent: c 400 pp
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.

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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.
Critical Acclaim
‘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

‘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 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, US
Contributors
Contributors: P.-L. Bagott, J. Bishay, K. Breemen, V. Breemen, M. Coleman, C. Davis, T. Doherty, M. Fałkowska-Clarys, J. Fraser, M. Goodale, N. Higgins, B. Holá, L. Martinet, G. Maučec, B. McGonigle Leyh, F. McKay, A. Merrylees, N. Narayan, A.-L. Nistor, O. Owiso, P. Oyugi, A. Dundes Renteln, I. Roestenburg-Morgan, S. Schot, L. Swigart


Contents
Contents:

Foreword, Justice Theresa Doherty
1. Intersections of Law and Culture at the International Criminal Court: Introduction
Julie Fraser and Brianne McGonigle Leyh

2. Now You See It, Now You Don’t: Culture at the International Criminal Court
Leigh Swigart

Section 1 Substantive Crimes and Culture
3. How to Solve a Problem like Al Madhi: Proposal for a New Crime of “Attacks against Cultural Heritage”
Peta-Louise Bagott

4. Cultural heritage destruction before the ICC: connecting library and information sciences, cultural heritage law, and human rights
Vicky Breemen and Kelly Breemen

5. Keeping the ‘Delicate Mosaic’ Together: Can the ICC deal with Intangible Cultural Heritage?
Martyna Fałkowska-Clarys and Lily Martinet

6. A Political Analysis of Sexual Violence in the International Criminal Court
Alison Dundes Renteln

Section 2 Proceedings and Culture
7. Doing ‘Justice’ at the Office of the Prosecutor: Portrayals of a cultural value
Cale Davis

8. ‘Solemnly Declare to Tell the Truth’ Internationalising the Solemn Undertaking before the International Criminal Court
Joshua Isaac Bishay

9. ‘Questioned by the Court’: The Role of Judges and Sociocultural Aspects of Testimonial Evidence in Katanga
Suzanne Schot

10. Spellbound at the International Criminal Court: The Intersection of Spirituality & International Criminal Law
Adina-Loredana Nistor, Andrew Merrylees and Barbora Holá

11. The Power of Culture and Judicial Decision-Making at the International Criminal Court
Gregor Maučec

Section 3 Defences, Sentencing, Victims and Culture
12. In Defence of Culture: Should Defences Based on Culture Apply at the ICC?
Noelle Higgins

13. ‘Culture’ and Sentencing at the International Criminal Court
Michelle Coleman

14. Introducing Aspects of Transformative Justice to the International Criminal Court through Plea Negotiation
Phoebe Oyugi and Owiso Owiso

15. A Delicate Mosaic: the ICC, Culture and Victims
Fiona McKay

Section 4 ICC’s Global Reach and Legitimacy
16. The Quest for Cultural Legitimacy at the ICC: A Third-Way Approach as an Appropriate Response and Solution to Cultural Paradigms
Ingrid Roestenburg-Morgan

17. ‘We will let it die on its own’: Culture, Ideology, and Power at Play between the United States and the International Criminal Court
Brianne McGonigle Leyh

18. Asia’s Reluctance to Join the ICC: Who is Jilted by Whom?
Nikhil Narayan

19. Exploring Legal Compatibilities and Pursuing Cultural Legitimacy: Islamic Law and the ICC
Julie Fraser

Afterword: Culture, Genuine and Juridical
Mark Goodale

Index



This title is available for institutional purchase via Elgaronline.

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eISBN: 978 1 83910 730 6
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