The diversification and fragmentation of international criminal law / Edited by Larissa van den Herik and Carsten Stahn.

• TeilnehmendeR: Herik, Larissa van den.; Stahn, Carsten, 1971-
• Year of Publication: 2012
• Language: English
• Series: Leiden Studies on the Frontiers of International Law 1.
• Physical Description: 1 online resource (734 p.)
• Notes: Description based upon print version of record.

This volume is the first in a new series of Studies on the Frontiers of International Law. The term ‘frontier’ is traditionally associated with proximity to a boundary or a demarcation line. But it is also a connecting point, id est, a passage or channel between spaces that are usually considered as separate entities. The Series aims to explore the visible and imaginary boundaries of scholarship in International Law. It is designed to test the existing table of contents, vocabulary and limits of ‘Public International Law’, to investigate lines and linkages between ‘centre’ and ‘periphery’, and to re-map or re-think some of its conceptual boundaries. The current volume is written in this spirit. It deals with the tension between unity and diversification which has gained a central place in the debate under the label of ‘fragmentation’. It explores the meaning, articulation and risks of this phenomenon in a specific area: International Criminal Justice. It brings together established and fresh voices who analyse different sites and contestations of this concept, as well as its context and specific manifestations in the interpretation and application of International Criminal Law. The volume thereby connects discourse on ‘fragmentation’ with broader inquiry on the merits and discontents of legal pluralism in ‘Public International Law’.

Table of Contents

Preliminary Material / Larissa van den Herik and Carsten Stahn -- Introduction / Flavia Lattanzi -- ‘Fragmentation’, Diversifi cation and ‘3D’ Legal Pluralism: International Criminal Law as the Jack-in-the-Box? / Carsten Stahn and Larissa van den Herik -- The Judicial Dialogue between the ICJ and International Criminal Courts on the Question of Immunity / Rosanne van Alebeek -- Binocular Vision: State Responsibility and Individual Criminal Responsibility for Genocide / Philippa Webb -- Finding Custom: The ICJ and the International Criminal Courts and Tribunals Compared / Yeghishe Kirakosyan -- Human Rights Cases in Sub-regional African Courts: Towards Justice for Victims or Just More Fragmentation? / Helen Duffy -- Praising the Region: What Might a Complementary Criminal Justice System Learn from the Inter-American Court of Human Rights? / Cecilia Cristina Naddeo -- The Regionalization of Criminal Law – the Example of European Criminal Law / Ricardo Pereira -- Alternative Justice Mechanisms, Compliance and Fragmentation of International Law / Susan Kemp -- Limits of Information-sharing between the International Criminal Court and Truth Commissions / Eszter Kirs -- Puzzling over Amnesties: Defragmenting the Debate for International Criminal Tribunals / Dov Jacobs -- Chinese Humanitarian Law and International Humanitarian Law / Liu Daqun -- Approximation or Harmonisation as a Result of Implementation of the Rome Statute / David Donat Cattin -- Fragmentation of the Rome Statute through an Incoherent Jurisdictional Regime for the Crime of Aggression: A Silent Operation / Deborah Ruiz Verduzco -- Domestic Prosecution of Genocide: Fragmentation or Natural Diversity? / Cristina Fernández-Pacheco Estrada -- The Rome Statute and Domestic Proceedings for Ordinary Crimes: The (In)Admissibility of Cases before the International Criminal Court / Beatrice Pisani -- Fragmentation of the Notion of Co-Perpetration in International Criminal Law? / Chantal Meloni -- The Mens Rea Enigma in the Jurisprudence of the International Criminal Court / Mohamed Elewa Badar -- Reception of Common Law in Substantive International Criminal Law / James L. Bischoff -- The Principle of Complicity under International Law – Its Application to States and Individuals in Cases involving Genocide, Crimes against Humanity and War Crimes / Erik Kok -- Unifi cation or Fragmentation? Structural Tendencies in International Criminal Procedure / Mark Klamberg -- Prosecutorial Discretion in International Criminal Justice: Between Fragmentation and Unification / Hitomi Takemura -- Fragmentation in International Criminal Law and the Rights of Victims / Margaret Burnham -- The Influences of French Law on Appeal Proceedings before the International Criminal Court and the Tribunals / Xavier Tracol -- Index / Larissa van den Herik and Carsten Stahn.