Culture and International Criminal Law
Forthcoming in OUP Handbook of International Criminal Law (2019)
34 Pages Posted: 26 Jul 2019
Date Written: July 25, 2019
This chapter explores international criminal law (ICL)’s encounter of cultural difference. ICL claims to apply universally applicable laws and champion universal interests. These universality claims come under challenge when ICL is implemented in varied contexts. While broad agreement exists over the general type of atrocities condemned by ICL, there continues to be disagreement or unfamiliarity about ICL’s conceptions of justice, its normative standards, as well as its underlying assumptions about human agency and responsibility. While ground-breaking research on ICL and culture has been published in recent years, there needs to be more research in this area. The overlooking or dismissal of cultural challenges undermines ICL’s operations, such as the trial’s fact-finding capabilities, and, more importantly, its legitimacy.
Keywords: International Criminal Law, Culture
JEL Classification: K33
Suggested Citation: Suggested Citation