ABSTRACT

Cultural defences, i.e. claims that certain aspects of a defendant’s cultural background should be taken into consideration by courts when adjudicating on their guilt or innocence, have been raised before domestic courts in a variety of jurisdictions. This has been a very sensitive and controversial issue. However, the issue of cultural defences at international tribunals is one that has not yet been fully explored. The main objective of this book is to analyse if the International Criminal Court can, and should, accommodate cultural defences as answers to legal charges, or if the Court should accommodate cultural considerations in other ways.

chapter |6 pages

Introduction

chapter 1|20 pages

The cultural defence: its use and abuse

chapter 2|28 pages

The ICC Statute: a culture clash?

chapter 3|21 pages

Defences at the ICC

chapter 4|26 pages

ICC practice