The purpose of this book series is to clarify and improve the theoretical foundations of international law. Too often the progressive development and implementation of international law has foundered on confusion about first principles. This series will raise the level of public and scholarly discussion about the structure and purposes of the world legal order and how best to achieve global justice through law.
The idea for this series grows out of the International Legal Theory project of the American Society of International Law. Each year for the past decade, the ASIL has devoted special attention to a different aspect of international law and has invited scholars and practitioners to discuss the theoretical basis of such topics as customary international law, humanitarian law, and human rights. The ASIL Studies in International Legal Theory series will deepen this exchange by publishing scholarly monographs and edited volumes of essays considering subjects in international legal theory.
About the Author
Zachary Hoskins is a doctoral candidate at Washington University in St Louis. He is the author of �n Highest Authority: Do Religious Reasons Have a Place in Public Policy Debates� published in Social Theory and Practice (2009).
Table of Contents
List of Contributors ix
Introduction Larry May Zachary Hoskins 1
Part 1 Sovereignty and Universal Jurisdiction
1 International Crimes and Universal Jurisdiction Win-chiat Lee 15
2 State Sovereignty as an Obstacle to International Criminal Law Kristen Hessler 39
3 International Criminal Courts, the Rule of Law, and the Prevention of Harm: Building Justice in Times of Injustice Leslie P. Francis John G. Francis 58
Part 2 Culture, Groups, and Corporations
4 Criminalizing Culture Helen Stacy 75
5 Identifying Groups in Genocide Cases Larry May 91
6 Prosecuting Corporations for International Crimes: The Role for Domestic Criminal Law Joanna Kyriakakis 108
Part 3 Justice and International Criminal Prosecutions
7 Postwar Environmental Damage: A Study in Jus Post Bellum Douglas Lackey 141
8 On State Self-Defense and Guantánamo Bay Steve Viner 153
9 Politicizing Human Rights (Using International Law) Anat Biletzki 180
Part 4 Punishment and Reconciliation
10 The Justification of Punishment in the International Context Deirdre Golash 201
11 Political Reconciliation and International Criminal Trials Colleen Murphy 224