An edition of Facts matter (2015)

Facts matter

a study into the casuistry of substantive international criminal law

Facts matter
Marjolein Cupido, Marjolein Cu...
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January 14, 2026 | History
An edition of Facts matter (2015)

Facts matter

a study into the casuistry of substantive international criminal law

"International criminal law has gained momentum since the creation of the International Criminal Tribunals for the former Yugoslavia and Rwanda and the International Criminal Court in the 1990s. Through case law, these courts have transformed rudimentary notions of accountability for mass atrocity into comprehensive concepts of individual criminal responsibility for war crimes, crimes against humanity and genocide. This process has been characterised by a high degree of judicial creativity. The courts have progressively advanced and modernised underdeveloped and outdated international crimes and theories of liability. The author analyses and evaluates the creative practice of international courts by using insights from casuistry. In particular, the author takes the theory and methodology of casuistry as a starting-point for assessing three substantive legal issues: the policy element of crimes against humanity; the distinction between Joint Criminal Enterprise and joint perpetration; and the contextual embedding of genocide. This assessment complements prevailing notions of substantive international criminal law and adds a new voice to existing debates on judicial reasoning"--Back cover.

Publish Date
Publisher
Eleven Publishers
Language
English
Pages
206

Book Details


Table of Contents

Prologue : a plea for a casuistic approach to international criminal law
The policy underlying crimes against humanity : practical reflections on a theoretical debate
Pluralism in theories of liability : joint criminal enterprise versus joint perpetration
The contextual embedding of genocide ; a casuistic analysis of the interplay between law and facts
Epilogue : Developing a casuistic framework of judicial reasoning.

Edition Notes

Includes bibliographical references (pages 175-206).

Published in
The Hague, the Netherlands

Classifications

Library of Congress
KZ7050 .C87 2015, KZ7050.C87 2015

The Physical Object

Pagination
xxii, 206 pages
Number of pages
206

Edition Identifiers

Open Library
OL30818090M
ISBN 10
9462900345
ISBN 13
9789462900349, 9789462742468
LCCN
2015372882
OCLC/WorldCat
908334708

Work Identifiers

Work ID
OL22907228W

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