Cultural Defences At the International Criminal Court

Cultural defences, i.e. claims that certain aspects of a defendant's cultural background should be taken into consideration by courts when adjudicating on their guilt or innocence, have been raised before domestic courts in a variety of jurisdictions. This has been a very sensitive and controversial issue. However, the issue of cultural defences at international tribunals is one that has not yet been fully explored. The main objective of this book is to analyse if the International Criminal Court can, and should, accommodate cultural defences as answers to legal charges, or if the Court should accommodate cultural considerations in other ways.

Sommario

1. Introduction; 2. The Cultural Defence; Its Use and Abuse; 3. The ICC Statute; A Culture Clash?; 4. Defences at the ICC; 5. ICC Practice; 6. Conclusion

Info autore

Noelle Higgins is a Senior Lecturer in Law at Maynooth University Department of Law, Ireland.

Riassunto

Cultural defences are claims that certain aspects of a defendant’s cultural background should be taken into consideration by courts when adjudicating on their guilt or innocence. This book considers how cultural defences can be opened before the International Criminal Court, focusing on the sources of law enshrined in the Statute and the defence

Dettagli sul prodotto

• Autori: Noelle Higgins, Higgins Noelle
• Editore: Taylor & Francis Ltd.
• Lingue: Inglese
• Formato: Tascabile
• Pubblicazione: 31.12.2019
• EAN: 9780367888978
• ISBN: 978-0-367-88897-8
• Pagine: 132
• Categorie: Scienze sociali, diritto, economia > Diritto > Diritto internazionale, diritto degli stranieri; LAW / Criminal Law / General, LAW / General, POLITICAL SCIENCE / Intergovernmental Organizations, Criminal law & procedure, LAW / Criminal Procedure, LAW / International, POLITICAL SCIENCE / International Relations / Treaties, Politics & government, International Criminal Law, Public international law: criminal law, Criminal justice law, law;rome;statute