Synopses & Reviews
This analysis of the philosophical foundations of international criminal law focuses on the moral, legal, and political questions that arise when individuals who commit collective crimes, such as crimes against humanity, are held accountable by international criminal tribunals. These tribunals challenge one of the most sacred prerogatives of states--sovereignty--and breaches to this sovereignty can only be justified in limited circumstances. The book should appeal to students of international law, political philosophy, international relations, and human rights theory.
Review
"Larry May brings an unusual combination of talents to this probing analysis of international criminal justice: philosophical insight and experience as a practicing criminal lawyer. Philosophers as well as international lawyers and experts on international relations will profit from his balanced and sensitive discussion." Allen Buchanan, Duke University
Review
"May's book is notable both for taking on some often-ignored elements of international law as a system, and for helping start a conversation about the best way--whether it ultimately be legal or otherwise--of really tackling evils with an international scope." - Daniel H. Levine, University of Maryland at College Park
Synopsis
This book was the first booklength treatment of the philosophical foundations of international criminal law.
About the Author
Larry May is Professor of Philosophy at Washington University, St Louis.
Table of Contents
Part I. Universal Norms and Moral Minimalism: 1. Introduction; 2. Jus cogens norms; 3. Custom, opinio juris, and consent; Part II. Principles of International Criminal Law: 4. The security principle; 5. The international harm principle; 6. International crime: the case of rape; Part III. Prosecuting International Crimes: 7. Prosecuting minor players for crimes against humanity; 8. Prosecuting state leaders for crimes against humanity; 9. Prosecuting genocide amidst widespread complicity; Part IV. Defenses and Alternatives: 10. Superior orders, duress, and moral perception; 11. The international rule of law; 12. Victims and convictions; 13. Reconciliation and amnesty programs.