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Rethinking International Criminal Law

Restorative Justice and the Rights of Victims in the International Criminal Court

The study focuses on the right of victims to participation and to reparations under the Rome Statute of the International Criminal Court. The author argues that the ICC offers an opportunity for the entrenchment of the concerns of victims in the international criminal process. However, he suggests that this depends on what framework of justice the Court adopts. The author further argues that previous international criminal tribunals operated on retributive and utilitarian theories of criminal justice that are exclusionary of and inimical to specific concerns of victims of international crimes. The largely retributive and utilitarian objects driving these systems limited victims to a peripheral status in the process and failed to address fully the harm occasioned to victims.The author proposes restorative justice as the best paradigm of giving effect to the said rights of victims while meeting the law enforcement functions of the prosecutor and protecting defence rights in the ICC.

The study focuses on the right of victims to participation and to reparations under the Rome Statute of the International Criminal Court.

Rethinking International Criminal Law

The Substantive Part

After a long period of relative stagnation, substantive international criminal law has been invigorated primarily by the activities of the International Criminal Tribunals for the former Yugoslavia and Rwanda. Both ad hoc tribunals have made immense advancements to this area of international criminal law by, for instance, laying down detailed rules on what constitutes culpable conduct and when responsibility should be attributed for the conduct of others. These important advances notwithstanding, much remains in flux. The elements of the core international crimes are still subject to controversy. Theories of individual criminal responsibility, such as command responsibility and joint criminal enterprise, are highly controversial. There is as yet no knowledge of how international offenses should be graded according to different levels and degrees of culpability and harm. This book brings together a team of researchers and practitioners from the field of international criminal law, concerned with a new international agenda of refining substantive international criminal law. The diverse topics examined include the superior orders defense, the mental element, the defense of mistake, command responsibility, the crime of aggression, and the principle of legality.

This book brings together a team of researchers and practitioners from the field of international criminal law, concerned with a new international agenda of refining substantive international criminal law.