Torture (and its attendant crimes and illegalities) lies at the intersection of various areas of law, domestic crime, international law, human rights law of both natures, as well as international and transnational criminal law. It is important when dealing with the various categories into which torture falls, not to treat them as one and the same, whilst understanding their overlaps. The Chapter will therefore seek to explain the various forms in which torture is dealt with in criminal law. It will focus on the definition of Torture in the transnational criminal law sphere, as identified in the 1984 United National Convention Against Torture as well as the extent to which torture amounts to the core international crimes, especially genocide, crimes against humanity and war crimes. It will emphasize the links, and disjunctures between these regimes, which nonetheless make up the overarching framework that relates to international law, crime, and torture.
Robert Cryer and Christian Henderson
Robert Cryer and Albert Nell
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.