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.
Larry May is a Professor of Philosophy at Washington University in St Louis and Strategic Research Professor of Social Justice at the Centre for Applied Philosophy and Public Ethics at Charles Sturt University in Canberra. He is the author or editor of more than 70 articles and more than 20 books, including The Morality of War; Crimes against Humanity: A Normative Account, which won a best book prize from the North American Society for Social Philosophy and an honorable mention from the American Society of International Law; War Crimes and Just War, which won the Frank Chapman Sharp Prize for best book on the philosophy of war and peace by the American Philosophical Association; Aggression and Crimes Against Peace, which won a best book prize from the International Association of Penal Law; and Genocide: A Normative Account. Zachary Hoskins is a doctoral candidate at Washington University in St Louis. He is the author of 'On Highest Authority: Do Religious Reasons Have a Place in Public Policy Debates', published in Social Theory and Practice (2009).
Introduction 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.
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