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Principled International Criminal Justice: Lessons from Tort Law

Principled International Criminal Justice: Lessons from Tort Law (Paperback)

By Findlay, Mark
By Chuah Hui Ying, Joanna

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Commencing its search for a principled international criminal justice, this book argues that the Preamble to the Rome Statute requires a very different notion of justice than that which would be expected in domestic jurisdictions. This thinking necessitates theorising what intern...ational criminal justice requires in terms of its legitimacy much more than normative invocations, which in their unreality can endanger the satisfaction of two central concerns - the punitive and the harm-minimisation dimensions. The authors suggest that because of the unique nature and form of the four global crimes, pre-existing proof technologies are failing prosecutors and judges, forcing the development of an often unsustainable line of judicial reasoning. The empirical focus of the book is to look at JCE (joint criminal enterprise) and aiding and abetting as case-studies in the distortion of proof tests. The substantial harm focus of ICJ (international criminal justice) invites applying compatible proof technologies from tort (causation, aggregation, and participation). The book concludes by examining recent developments in corporate criminal liability and criminalising associations, radically asserting that even in harmonising/hybridising international criminal law there resides a new and rational vision for the juridical project of international criminal justice.
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ISBN 9780367588618
Released AU 30 Jun 2020
Publisher Taylor & Francis Ltd
Format Paperback
Alternate Format(s) View All (1 other possible title(s) available)
Pre-order title, release date has been delayed

Full details for this title

ISBN-13 9780367588618
Stock Available
Status Pre-order title, release date has been delayed
Publisher Taylor & Francis Ltd
Imprint Routledge
Released 30 Jun 2020
Publication Country United Kingdom United Kingdom
Format Paperback
Author(s) By Findlay, Mark
By Chuah Hui Ying, Joanna
Category Crime & Criminology
International Criminal Law
Courts & Procedure
Torts / Delicts
Criminal Law
Number of Pages 176
Dimensions Width: 156mm
Height: 234mm
Dewey Code 345
Weight 349g
Interest Age 19+ years
Reading Age 19+ years
Library of Congress International criminal law, Torts
NBS Text International Law: Professional
ONIX Text College/higher education