Chapter 8: The philosophy of international criminal law
Restricted access

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.

You are not authenticated to view the full text of this chapter or article.

Access options

Get access to the full article by using one of the access options below.

Other access options

Redeem Token

Institutional Login

Log in with Open Athens, Shibboleth, or your institutional credentials

Login via Institutional Access

Personal login

Log in with your Elgar Online account

Login with your Elgar account