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Vol 24 No 4 April/May 2019

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

Edited by: Marina Aksenova, Elies van Sliedregt, Stephan Parmentier Parmentier

ISBN13: 9781509919444
Published: May 2019
Publisher: Hart Publishing
Country of Publication: UK
Format: Hardback
Price: £65.00



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The collection 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.

Subjects:
International Criminal Law
Contents:
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
2. The Biology and Psychology of Atrocity and the Erasure of Memory
Christopher Harding

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

PART III
TRIAL AND PUNISHMENT
5. The Hybrid System of International Criminal Law: A Work in Progress or Just a Noble Experiment?
Colleen Rohan
6. Agents and Agency in International Criminal Law: Intent and the ‘Special Part’ of International Criminal Law
Kerstin Bree Carlson
7. Punishment in Transition: Empirical Comparison of Post-Genocide Sentencing Practices in Rwandan Domestic Courts and at the ICTR
Barbora Holá and Amani Chibashimba

PART IV
RE-ENTRY OF VICTIMS AND PERPETRATORS
8. Not in Our Name! Visions of Community in International Criminal Justice
Milena Tripkovic
9. Explaining (Away) Individual Agency: A Criminological Take on Direct Perpetrator Re-Presentations at the ICTY
Anette Bringedal Houge

PART V
PREVENTION
10. Social Identity and International Crimes: Legitimate and Problematic Aspects of the ‘Ordinary People’ Hypothesis
Stefan Harrendorf
11. Regional Criminal Justice, Corporate Criminal Liability and the Need for Non-Doctrinal Research
Elies van Sliedregt
EPILOGUE
12. Breaking the Cycle of Collective Violence: International Criminal Law’s Contribution
Harmen van der Wilt