The Diversification and Fragmentation of International Criminal LawLarissa van den Herik, Carsten Stahn This volume 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’. |
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accused acts adopted amendment amnesties Appeals Chamber application approach Arrest Warrant Article Bosnia Genocide Cassese co-perpetration committed complementarity conflict context crime of aggression crimes against humanity criminal procedure criminal proceedings criminal responsibility customary international law Decision dolus eventualis domestic Draft duty to prosecute elements established European Fragmentation of International hoc tribunals human rights law humanitarian law Ibid ICC Statute ICTR ICTY immunity individual intent Inter-American Court international courts International Criminal Court international criminal justice international criminal law international criminal tribunals interpretation investigation issue JICJ Judgment judicial jurisdiction jurisprudence Kampala Lubanga mens rea norms obligations ofInternational ofthe paras participation parties perpetrators person practice Pre-Appeal Judge Pre-Trial Chamber principle Prosecutor punishment referred regime relevant reparation Rome Statute rules Security Council Sierra Leone specific Stahn state’s supra note tion transitional justice treaty Trial Chamber truth commissions universal jurisdiction victims violations war crimes