Casuistry in International Criminal Law

In this project the case law of international criminal courts is analysed and evaluated by using insights from casuistry. Casuistry is an age-old form of legal reasoning that is based on the thought that the law operates and develops in interplay with case-specific facts. From this perspective, the project assesses how international criminal courts apply substantive legal concepts – i.e. international crimes and modes of liability – to the facts of individual cases. This assessment provides further insights into the meaning and scope of substantive international criminal law and adds a new voice to existing debates on judicial reasoning.

Researcher:

  •  Marjolein Cupido

Key publication(s):

  • Cupido, Facts Matter: A Study into the Casuistry of Substantive International Criminal Law, Den Haag: Eleven International Publishing, 2014
  • Cupido, ‘The Contextual Embedding of Genocide: A Casuistic Analysis of the Interplay between Law and Facts’, 15 Melbourne Journal of International Law (2014)
  • Cupido, ‘Pluralism in Theories of Liability: Joint Criminal Enterprise versus Joint Perpetration’, in E. van Sliedregt & S. Vasiliev (eds.), Pluralism in International Criminal Law, Oxford: Oxford University Press, 2014
  • Cupido, ‘The Policy underlying Crimes against Humanity: Practical Reflections on a Theoretical Debate’, 22 Criminal Law Forum (2011)

For more information on the project contact: Marjolein Cupido

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