Edward Elgar Publishing Intersections of Law and Culture at the International Criminal Court

Product Description This pioneering book explores the intersections of law and culture at the International Criminal Court (ICC), offering insights into how notions of culture affect the Court's legal foundations, functioning and legitimacy, both in theory and in practice. Leading scholars and legal practitioners take a multidisciplinary approach to challenge the view that international law is not limited or bound by a particular culture, arguing instead that law and culture are intertwined. Analysing how culture influences views of the law, the facts to which it applies, and the fairness of the outcome, the contributors consider the implications of culture and law for the ICC and its international reach. Chapters discuss important intersections of law and culture, from religion and politics to the definition of international crimes and their interpretation by judges. Highlighting the inherent but often overlooked role of 'culture' at the ICC, the book puts forward recommendations to aid the Court s future considerations. This book is a valuable resource for academics and students in a variety of fields including law, criminology, anthropology, international relations and political science. Its practical focus is also beneficial for legal practitioners and civil society organisations working in international criminal justice. Review ‘This volume provides an innovative perspective on the ICC’s work and is heartily recommended for scholars and students in the field of transitional justice looking for nuanced comprehen- sion of the challenges the ICC faces in delivering global justice.’ -- Mirjana Gavrilovic Nilsson, Journal of International Criminal Justice‘This text is an important and incisive exploration into cultural issues relating to the practice and procedure of the ICC.’ -- Molly Thomas, Cross-Cultural Human Rights Review‘This is thought-provoking analytical work that calls for self-awareness and engagement with culture. The collection will interest anyone working in the international criminal law field, and with the ICC - whether practitioners or academics.’ -- Silvina Sanchez-Mera, Law in Context‘This provocative volume on the culture of the ICC comes amid growing awareness that the Court's internal culture shapes its own legal operations as well as the far flung cultures in which it intervenes. Fraser and McGonigle Leyh have assembled an impressively diverse array of contributors to dissect the numerous cultural dimensions of the ICC's work. What they show is that, rather than delivering a universal conception of justice, the ICC's norms and approaches derive from specific (mostly Global North) cultures and intersect in complex – sometimes damaging – ways with different cultural practices and perspectives around the world. This book is essential reading for anyone interested in the culturally specific character of a nominally “global” institution.’ -- Phil Clark, SOAS University of London, UK'This is a highly original and thought-provoking book on the ways in which culture impacts the work of the ICC. While some topics may be more familiar to lawyers, like cultural defences, other chapters discuss novel areas where law and culture intersect in relation to the Court. As detailed in this extraordinary treatise, the Court has continuously grappled with cultural entanglements both inside and outside its proceedings. For anyone interested in this global institution, this book is a welcome and much-needed addition to ICC scholarship.' --Michael Scharf, Case Western Reserve University, US'Offering a missing piece of the puzzle for conceptualizing the place of law and culture in international criminal law circuits, Julie Fraser and Brianne McGonigle Leyh have provided us with a brilliant framework for making sense of the ideas and complexities that shape international criminal law. Through an exploration into the way that various communities deal with norm breaking behavior and produce cultural codes which shap