Recasting Anti-commercial Bribery Provisions in Criminal Law
In: Social sciences in China, Volume 33, Issue 1, p. 92-103
ISSN: 1940-5952
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In: Social sciences in China, Volume 33, Issue 1, p. 92-103
ISSN: 1940-5952
In: School of human rights research series 54
In: Referees in Sports Contests, p. 55-71
In: The Making of International Criminal Justice, p. 110-114
In: Future Perspectives on International Criminal Justice, p. 115-160
SSRN
Working paper
In: Principles of International Criminal Law, p. 1-27
In: Perspectives on Human Dignity: A Conversation, p. 169-182
In: Human rights quarterly, Volume 27, Issue 4, p. 1365-1367
ISSN: 1085-794X
In: Punishment and Society, Volume 3
SSRN
In: Soviet studies, Volume 10, Issue 3, p. 293-306
In: The annals of the American Academy of Political and Social Science, Volume 260, Issue 1, p. 137-143
ISSN: 1552-3349
In: in Painting Constitutional Law: Xavier Cortada's Images of Constitutional Rights (M.C. Mirow & Howard M. Wasserman, eds., Leiden: Brill, Forthcoming)
SSRN
In: Netherlands international law review: NILR ; international law - conflict of laws, Volume 23, Issue 1, p. 46-32
ISSN: 0165-070X
In: The British yearbook of international law
ISSN: 2044-9437
Abstract
International criminal law has evolved from abstract ideas of an international criminal jurisdiction in the early twentieth century to encompass a comprehensive set of tribunals, rules, and methods. This article explores the contribution of the common law to the development of international criminal law, drawing on two key historical episodes – the Nuremberg and Tokyo tribunals, and the ad hoc International Criminal Tribunal for the former Yugoslavia (ICTY) and International Criminal Tribunal for Rwanda (ICTR) – to consider the common law's historic influence over, and relationship to, uncertainty within the system of international criminal law. First, the article highlights how British jurists framed the normative uncertainty vis-à-vis the idea of international criminal justice in their contributions to this Yearbook. Second, it examines the characteristics shared between common law and international criminal law, with a view to appraising the potential relationship of both 'systems'. Finally, it interrogates the differing treatments of the common law throughout the development of substantive international criminal law over time, considering how judges utilized the common law as they navigated the complex dialectic between 'statutory' and 'judge-made' law.