Judicial Discretion in the Interpretation of International Crimes
Revisiting the Legality Principle
Judicial Discretion in the Interpretation of International Crimes
Revisiting the Legality Principle
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Description
This book sets out a legality-centred model to better understand the interpretation of crimes in international criminal law.
It offers a new way of understanding the interpretation of crime as a two-dimensional process: determining what the law is and interpreting whether that law in fact criminalises the conduct in question. This model affects the process and the outcome of judicial interpretation. The book moves beyond the abstract by applying the model to two case studies: (1) organisational policy as a contextual element of crimes against humanity, and (2) the crime of forced marriage. It brings often-overlooked criminal law theory into the field of international criminal law, offering a fresh, innovative perspective on interpretation and placing the legality principle back at the centre of crime interpretation.
Table of Contents
2. A Roadmap Towards a Legality-Centred, Two-Dimensional Model
3. Evaluating Crime Interpretation in Terms of Law Determination: Applicable Law and Source Doctrine
4. Evaluating Crime Interpretation in Terms of Methods of Interpretation
5. Evaluating the Interpretative Process and Result: The Principles of Legality
6. Proposing an Alternative Legality-Centred Approach to Crime Interpretation
7. Case Study I: Interpreting Organisational Policy as a Contextual Element of Crimes Against Humanity
8. Case Study 2: A Case Study on Labelling and Interpreting Forced Marriage
Conclusion: Legality-Centred Conclusions on International Crime Interpretation
Product details
| Published | 25 Jun 2026 |
|---|---|
| Format | Hardback |
| Edition | 1st |
| Pages | 336 |
| ISBN | 9781509985173 |
| Imprint | Hart Publishing |
| Dimensions | 234 x 156 mm |
| Series | Studies in International Law |
| Publisher | Bloomsbury Publishing |
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