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Cambridge Studies in Philosophy and Law : Crimes against Humanity: A Normative Account - Larry May

Cambridge Studies in Philosophy and Law

Crimes against Humanity: A Normative Account

By: Larry May

Paperback

Published: 3rd January 2005
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  • Hardcover View Product Published: 1st November 2004
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This book is the first booklength treatment of the philosophical foundations of international criminal law. The focus is 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 be justified in limited circumstances, following what the author calls a minimalist account of the justification of international prosecution. Written in a clear and accessible style, this book should appeal to anyone with an interest in international law, political philosophy, international relations, and human rights theory.

'Humanity has been much written about, but not crimes against it. This book, which combines insights into moral and social philosophy and law reminds us of the need to translate our professed human values into action to prevent their depredations. It is through such intellectual writings that our conscience is stirred to action.' M. Cherif Bassiouni, DePaul University College of Law '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 'Larry May has written a book on crimes against humanity that provides careful analysis of the core issues for anyone - whether lawyer, moral or political philosopher, or plain citizen - interested in this subject.' Democratiya 'Larry May has definitely written a must-read on human rights and the persecution of human rights violations. Philosophers, ethicists, lawyers, historians, functionaries, and politicians will hardly find another book that offers a more encompassing and compelling and yet delicate treatment of the subject and its philosophical ramifications.' Ethical Perspectives 'May's book is located in a relatively unexplored area of international criminal law scholarship, at the crossroads of legal theory and moral and political philosophy.' Journal of Peace Research

Universal Norms and Moral Minimalism
Introduction
Jus cogens norms
Custom, opinio juris, and consent
Principles of International Criminal Law
The security principle
The international harm principle
International crime: the case of rape
Prosecuting International Crimes
Prosecuting minor players for crimes against humanity
Prosecuting state leaders for crimes against humanity
Prosecuting genocide amidst widespread complicity
Defenses and Alternatives
Superior orders, duress, and moral perception
The international rule of law
Victims and convictions
Reconciliation and amnesty programs
Table of Contents provided by Publisher. All Rights Reserved.

ISBN: 9780521600514
ISBN-10: 0521600510
Series: Cambridge Studies in Philosophy and Law
Audience: Professional
Format: Paperback
Language: English
Number Of Pages: 326
Published: 3rd January 2005
Publisher: Cambridge University Press
Country of Publication: GB
Dimensions (cm): 22.8 x 15.2  x 1.8
Weight (kg): 0.48