Intersections of Law and Culture at the International Criminal Court

Edited by Julie Fraser, Assistant Professor and Brianne McGonigle Leyh, Associate Professor, Netherlands Institute of Human Rights, Utrecht University, the Netherlands

Contents:

1 Intersections of law and culture at the International Criminal
Court: Introduction 1
Julie Fraser and Brianne McGonigle Leyh
2 Now you see it, now you don’t: culture at the International
Criminal Court 14
Leigh Swigart

PART I SUBSTANTIVE CRIMES AND CULTURE
3 How to solve a problem like Al Madhi : proposal for a new
crime of ‘attacks against cultural heritage’ 38
Peta-Louise Bagott
4 Cultural heritage destruction and the ICC: lessons from
connecting cultural heritage and human rights through
a library lens 59
Vicky Breemen and Kelly Breemen
5 Keeping the ‘delicate mosaic’ together: can the ICC deal
with intangible cultural heritage? 81
Martyna Fałkowska-Clarys and Lily Martinet
6 A political analysis of sexual violence in the International
Criminal Court 102
Alison Dundes Renteln

PART II PROCEEDINGS AND CULTURE
7 ‘Solemnly declare to tell the truth’: internationalising the
Solemn Undertaking before the International Criminal Court 127
Joshua Isaac Bishay
8 Spellbound at the International Criminal Court: the
intersection of spirituality and international criminal law 147
Adina-Loredana Nistor, Andrew Merrylees and Barbora Holá
9 ‘Questioned by the Court’: the role of judges and
sociocultural aspects of testimonial evidence in Katanga 169
Suzanne Schot
10 The power of culture and judicial decision-making at the
International Criminal Court 190
Gregor Maučec
11 Doing ‘justice’ at the Office of the Prosecutor: portrayals of
a cultural value 209
Cale Davis

PART III DEFENCES, SENTENCING, VICTIMS AND CULTURE
12 In defence of culture: should defences based on culture
apply at the ICC? 229
Noelle Higgins
13 Introducing aspects of transformative justice to the
International Criminal Court through plea negotiation 249
Phoebe Oyugi and Owiso Owiso
14 ‘Culture’ and sentencing at the International Criminal Court 268
Michelle Coleman
15 A delicate mosaic: the ICC, culture and victims 288
Fiona McKay

PART IV THE ICC’S GLOBAL REACH AND LEGITIMACY
16 The quest for cultural legitimacy at the ICC: a third-way
approach as an appropriate response to African cultural paradigms 312
Ingrid Roestenburg-Morgan
17 ‘We will let it die on its own’: culture, ideology and power
at play between the United States and the International
Criminal Court 337
Brianne McGonigle Leyh
18 Asia’s reluctance to join the ICC: who is jilted by whom? 358
Nikhil Narayan
19 Exploring legal compatibilities and pursuing cultural
legitimacy: Islamic law and the ICC 378
Julie Fraser
20 Afterword: culture, genuine and juridical 397
Mark Goodale

Index