Culture and International Criminal Law

Forthcoming in OUP Handbook of International Criminal Law (2019)

34 Pages Posted: 26 Jul 2019

See all articles by W.L. Cheah

W.L. Cheah

National University of Singapore (NUS) - Faculty of Law

Date Written: July 25, 2019

Abstract

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

Cheah, W.L., Culture and International Criminal Law (July 25, 2019). Forthcoming in OUP Handbook of International Criminal Law (2019), Available at SSRN: https://ssrn.com/abstract=3426307 or http://dx.doi.org/10.2139/ssrn.3426307

W.L. Cheah (Contact Author)

National University of Singapore (NUS) - Faculty of Law ( email )

469G Bukit Timah Road
Eu Tong Sen Building
Singapore, 259776
Singapore

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