The Making of Global Legal Culture and International Criminal Law

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Campbell, Kirsten. 2013. The Making of Global Legal Culture and International Criminal Law. Leiden Journal of International Law, 26(1), pp. 155-172. ISSN 0922-1565 [Article]

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Official URL: http://dx.doi.org/10.1017/S0922156512000696

Abstract or Description

It is commonly agreed that international criminal law (ICL) is a ‘hybrid’ legal culture, which mixes the legal traditions of the common law and civil law. However, the precise nature of this legal culture remains a contentious legal and theoretical issue. The paper identifies the two dominant models of ICL within these debates as either a clash of cultures or a sui generis system, and shows how neither satisfactorily engages with the concept of legal culture itself. To address this problem, the paper develops a new account of ICL as a global legal culture. The paper first identifies the distinctive ‘cultural logic’ of ICL, drawing on the example of recent developments in sexual violence offences. It then examines how ICL takes a global legal form, which ‘globalizes’ liberal legal culture. Finally, the paper shows how this process of making the legal culture of ICL ‘global’ creates its cultural contradictions, but also enables the possibility of making a new legal culture at the international level.

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Article

Identification Number (DOI):

https://doi.org/10.1017/S0922156512000696