Breaking the Cycle of Mass Atrocities: Criminological and Socio-Legal Approaches in International Criminal Law

by Marina Aksenova (Editor), Elies van Sliedregt (Editor), Stephan Parmentier (Editor)

Overview

Breaking the Cycle of Mass Atrocities investigates the role of international criminal law at different stages of mass atrocities, shifting away from its narrow understanding solely as an instrument of punishment of those most responsible. The book is premised on the idea that there are distinct phases of collective violence, and international criminal law contributes in one way or another to each phase. The authors therefore explore various possibilities for international criminal law to be of assistance in breaking the vicious cycle at its different junctures.

Product Details

ISBN-13:	9781509919444
Publisher:	Bloomsbury Academic
Publication date:	05/02/2019
Pages:	288
Product dimensions:	6.14(w) x 9.21(h) x 0.69(d)

About the Author

Marina Aksenova is Professor of Comparative and International Criminal Law at IE University in Madrid.
Elies van Sliedregt is Professor of International and Comparative Criminal Law at Leeds University.
Stephan Parmentier is Professor of Criminal Law and Criminology at KU Leuven.

Table of Contents

Acknowledgements vii

List of Contributors xi

List of Cases xiii

Part I Cycle Of Mass Atrocities

1 Introduction: Breaking the Cycle of Mass Atrocities: Criminological and Socio-Legal Approaches to International Criminal Law Marina Aksenova 3

2 The Biology and Psychology of Atrocity and the Erasure of Memory Christopher Harding 27

Part II Criminalisation

3 International Criminalisation as a Pragmatic Institutional Process: The Cases of Dominic Ongwen at the International Criminal Court and Thomas Kwoyelo at the International Crimes Division in the Situation in Uganda Matilde Gawronski 47

4 Solidarity as a Moral and Legal Basis for Crimes Against Humanity: A Durkheimian Perspective Marina Aksenova 73

Part III Trial And Punishment

5 The Hybrid System of International Criminal Law: A Work in Progress or Just a Noble Experiment? Colleen Rohan 95

6 Agents and Agency in International Criminal Law: Intent and the 'Special Part' of International Criminal Law Kerstin Bree Carlson 115

7 Punishment in Transition: Empirical Comparison of Post-Genocide Sentencing Practices in Rwandan Domestic Courts and at the ICTR Barbora Holá Amani Chibashimba 137

Part IV Re-Entry Of Victims And Perpetrators

8 Not in Our Name! Visions of Community in International Criminal Justice Milena Tripkovic 165

9 Explaining (Away) Individual Agency: A Criminological Take on Direct Perpetrator Re-Presentations at the ICTY Anette Bringedal Houge 181

Part V Prevention

10 Social Identity and International Crimes: Legitimate and Problematic Aspects of the 'Ordinary People' Hypothesis Stefan Harrendorf 199

11 Regional Criminal Justice, Corporate Criminal Liability and the Need for Non-Doctrinal Research Elies van Sliedregt 219

Epilogue

12 Breaking the Cycle of Collective Violence: International Criminal Law's Contribution Harmen van der Wilt 237

Index 255