Judges and the making of international criminal law / / by Joseph Powderly.

• Superior document: Leiden studies on the frontiers of international law ; Volume 7
• VerfasserIn: Powderly, Joseph,
• Place / Publishing House: Leiden ;, Boston : : Brill Nijhoff,, 2020.
• Year of Publication: 2020
• Language: English
• Series: Leiden studies on the frontiers of international law ; Volume 7.
• Physical Description: 1 online resource.
• Notes: Based on author's thesis (doctoral - National University of Ireland, Galway, 2017) issued under title: The role of the judge in the progressive development of international criminal law.

In Judges and the Making of International Criminal Law Joseph Powderly explores the role of judicial creativity in the progressive development of international criminal law. This wide-ranging work unpacks the nature and contours of the international criminal judicial function. Employing empirical, theoretical, and doctrinal methodologies, it interrogates the profile of the international criminal bench, judicial ethics, and the interpretative techniques that judges have utilized in their efforts to progressively develop international criminal law. Drawing on the work of Hersch Lauterpacht, it proposes a conception of the international criminal judicial function that places judicial creativity at its very heart. In doing so it argues that international criminal judges have a central role to play in ensuring that modern international criminal law continues to adapt to a volatile global environment, where accountability for crimes that shock the conscience of humanity is as much needed as at any moment in recent history.

Table of Contents

Foreword / William A. Schabas -- Introduction -- Getting to Know the International Criminal Judiciary : a Profile Portrait -- The Independence and Impartiality of the International Criminal Judiciary -- Judicial Creativity and the International Judicial Function : Lauterpacht's Legacy -- Giving Life to International Criminal Justice : the Judicial Role in the Evolution of International Criminal Procedure -- The Ad Hoc Tribunals, Judicial Creativity and the Rebirth of International Criminal Law -- 'Curb Your Creativity' : the Rome Statute and the Attempted Institution of Interpretative Restraint -- Conclusions