Cupido, M.

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VU Research PortalFacts MatterCupido, M.2015document versionPublisher's PDF, also known as Version of recordLink to publication in VU Research Portalcitation for published version (APA)Cupido, M. (2015). Facts Matter: A Study into the Casuistry of Substantive International Criminal Law. ElevenInternational Publishers.General rightsCopyright and moral rights for the publications made accessible in the public portal are retained by the authors and/or other copyright ownersand it is a condition of accessing publications that users recognise and abide by the legal requirements associated with these rights.            • Users may download and print one copy of any publication from the public portal for the purpose of private study or research.            • You may not further distribute the material or use it for any profit-making activity or commercial gain            • You may freely distribute the URL identifying the publication in the public portal ?Take down policyIf you believe that this document breaches copyright please contact us providing details, and we will remove access to the work immediatelyand investigate your claim.E-mail address:vuresearchportal.ub@vu.nlDownload date: 21. May. 2021FACTS MATTERFACTS MATTERA study into the casuistry of substantive international criminal lawM a r j o l e i n  C u p i d oMarjolein CupidoInternational criminal law has gained momentum since the creationof the International Criminal Tribunals for the former Yugoslavia andRwanda and the International Criminal Court in the 1990s. Throughcase law, these courts have transformed rudimentary notions of accountability for mass atrocity into comprehensive concepts of individual criminal responsibility for war crimes, crimes against humanity and genocide. This process has been characterised by a high degree of judicial creativity. The courts have progressively advanced and modernised underdeveloped and outdated inter-national crimes and theories of liability. The author analyses and evaluates the creative practice of inter-national courts by using insights from casuistry. In particular, the author takes the theory and methodology of casuistry as a starting-point for assessing three substantive legal issues: the policy elementof crimes against humanity; the distinction between Joint Criminal Enterprise and joint perpetration; and the contextual embedding ofgenocide. This assessment complements prevailing notions of substantive international criminal law and adds a new voice to existing debates on judicial reasoning. 14.172 - 12.01.2015 - Rug 15,13 mmFacts Matter_proefschrift_vDEF:Opmaak 1  12-01-15  14:14  Pagina 1

Facts Matter:A Study into the Casuistry of Substantive International Criminal Law

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Facts Matter:A Study into the Casuistry of Substantive International Criminal Law

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