Intersections of Law and Culture at the International Criminal Court

Edited by Julie Fraser, Assistant Professor and Brianne McGonigle Leyh, Associate Professor, Netherlands Institute of Human Rights, Utrecht University, the Netherlands

• Contents:1 Intersections of law and culture at the International CriminalCourt: Introduction 1Julie Fraser and Brianne McGonigle Leyh2 Now you see it, now you don’t: culture at the InternationalCriminal Court 14Leigh SwigartPART I SUBSTANTIVE CRIMES AND CULTURE3 How to solve a problem like Al Madhi : proposal for a newcrime of ‘attacks against cultural heritage’ 38Peta-Louise Bagott4 Cultural heritage destruction and the ICC: lessons fromconnecting cultural heritage and human rights througha library lens 59Vicky Breemen and Kelly Breemen5 Keeping the ‘delicate mosaic’ together: can the ICC dealwith intangible cultural heritage? 81Martyna Fałkowska-Clarys and Lily Martinet6 A political analysis of sexual violence in the InternationalCriminal Court 102Alison Dundes RentelnPART II PROCEEDINGS AND CULTURE7 ‘Solemnly declare to tell the truth’: internationalising theSolemn Undertaking before the International Criminal Court 127Joshua Isaac Bishay8 Spellbound at the International Criminal Court: theintersection of spirituality and international criminal law 147Adina-Loredana Nistor, Andrew Merrylees and Barbora Holá9 ‘Questioned by the Court’: the role of judges andsociocultural aspects of testimonial evidence in Katanga 169Suzanne Schot10 The power of culture and judicial decision-making at theInternational Criminal Court 190Gregor Maučec11 Doing ‘justice’ at the Office of the Prosecutor: portrayals ofa cultural value 209Cale DavisPART III DEFENCES, SENTENCING, VICTIMS AND CULTURE12 In defence of culture: should defences based on cultureapply at the ICC? 229Noelle Higgins13 Introducing aspects of transformative justice to theInternational Criminal Court through plea negotiation 249Phoebe Oyugi and Owiso Owiso14 ‘Culture’ and sentencing at the International Criminal Court 268Michelle Coleman15 A delicate mosaic: the ICC, culture and victims 288Fiona McKayPART IV THE ICC’S GLOBAL REACH AND LEGITIMACY16 The quest for cultural legitimacy at the ICC: a third-wayapproach as an appropriate response to African cultural paradigms 312Ingrid Roestenburg-Morgan17 ‘We will let it die on its own’: culture, ideology and powerat play between the United States and the InternationalCriminal Court 337Brianne McGonigle Leyh18 Asia’s reluctance to join the ICC: who is jilted by whom? 358Nikhil Narayan19 Exploring legal compatibilities and pursuing culturallegitimacy: Islamic law and the ICC 378Julie Fraser20 Afterword: culture, genuine and juridical 397Mark GoodaleIndex

‘This volume provides an innovative perspective on the ICC’s work and is heartily recommended for scholars and students in the field of transitional justice looking for nuanced comprehen- sion of the challenges the ICC faces in delivering global justice.’