Justice in Extreme Cases

"This book is about the encounter between criminal law theory and international criminal law (ICL). I argue that the encounter can be illuminating in both directions. Criminal law theory can challenge and improve ICL, and in turn ICL can challenge and improve criminal law theory. In order to manage the scope of the inquiry, I focus on one subset of criminal law theory: exploring the deontic constraints of a system of justice, such as the fundamental principles of culpability and legality. ICL often addresses extraordinary circumstances and mass atrocities, which can pose special difficulties for this type of inquiry; however, these difficulties also present opportunities for insight. I urge a 'mid-level principles' and 'coherentist' approach to identifying and delineating deontic principles. This approach differs from some common academic instincts:"-- ECIP introduction.