International criminal law is an area that recently has become the subject of significant attention, both by lawyers and philosophers, as well as those working at the interface of the two disciplines. This is only natural, this Chapter intends to cover the major philosophical positions that have been adopted in international criminal law, whether to influence its development, influence on participants in the practice of international criminal law, in particular the jurisprudence of international criminal tribunals. These are subject to a deep coding analysis to inform our discussion. The Chapter will also cover the ways in which philosophy has been used to criticise the practice of international criminal tribunals, as well as their output as criminal law. Approaches covered include positivism, naturalism, critical legal studies, feminism, and TWAIL. In doing so it seeks to show the long-term, and contemporary relevance of philosophy to the discipline of international criminal law.
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Front Matter
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Part I: THE ESSENCE AND DEVELOPMENT OF INTERNATIONAL LEGAL THEORY
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Part II: THEMATIC ASPECTS OF INTERNATIONAL LEGAL THEORY
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Part III: HISTORY OF INTERNATIONAL LAW
