Principled International Criminal Justice

This book examines the impediments in international criminal law, arguing for a principled approach to justice that aligns with the Rome Statute's ideals.

This book explores the challenges faced by international criminal law (ICL) due to the reliance on parallel jurisdictions, suggesting that this has hindered the establishment of a coherent and principled framework. The authors contend that the Preamble to the Rome Statute calls for a fundamentally different understanding of justice compared to domestic legal systems. This perspective emphasizes the need for a deeper theoretical exploration of legitimacy in international criminal justice, moving beyond mere normative assertions that may overlook critical aspects of punishment and harm minimization.

In their investigation, the authors focus on specific case studies, particularly Joint Criminal Enterprise (JCE) and aiding and abetting, to illustrate how existing proof technologies are inadequate for addressing the complexities of the four global crimes. The book argues that these deficiencies in proof standards lead to unsustainable judicial reasoning, ultimately impacting the effectiveness of prosecutions. By examining the empirical aspects of international criminal justice, the authors advocate for the integration of compatible proof technologies from tort law, such as causation and aggregation, to enhance the judicial process.

Principled International Criminal Justice concludes by addressing recent trends in corporate criminal liability and the criminalization of associations. The authors propose that even within the context of harmonizing international criminal law, there is an opportunity to develop a new, rational vision for the future of international criminal justice, highlighting the importance of a purpose-driven approach to legal principles.