ABSTRACT

This introduction presents an overview of the key concepts discussed in the subsequent chapters of this book. The book deals with the role of cultural defences at the International Criminal Court (ICC). It focuses on two main issues: first, it analyses whether if, in theory, cultural defences can be brought before the ICC, and second, it queries whether cultural defences should be accepted by the Court in practice. The book also focuses on the ICC and discusses the legal traditions that impacted on the drafting of the Rome Statute. It analyses the cultural diversity of the Court and queries whether the major legal systems of the world are well served by the Court through cultural accommodation measures in the legal framework. The book examines the legal framework in the Rome Statute concerning defences and explores whether cultural defences can be encompassed in the explicit defences set out in the Statute or in other international criminal law defences.