Philipp Kastner – författare

With an estimated ninety-five percent of the world's armed conflicts occurring within individual states, resolution and prevention of internal conflicts represent a main driver of global peace. Peace negotiations stand outside the traditional formalism of lawmaking and represent a uniquely privileged moment to observe the rise or adjustment of the legal framework of a given state. Based in a socio-legal and pluralistic understanding of law, this book explores the normative dynamics of peace negotiations. It argues that the role of law in the peaceful resolution of internal armed conflicts has been greatly underestimated and that legal theory can and should contribute to a better comprehension of these processes. Including thematic case studies from Darfur, North-South Sudan, Uganda, Côte d'Ivoire, Colombia, Sri Lanka, Sierra Leone, Mozambique, Bosnia and Israel-Palestine, this volume will be of use to scholars, students and affiliates of international organizations and non-governmental organizations.

With an estimated ninety-five percent of the world's armed conflicts occurring within individual states, resolution and prevention of internal conflicts represent a main driver of global peace. Peace negotiations stand outside the traditional formalism of lawmaking and represent a uniquely privileged moment to observe the rise or adjustment of the legal framework of a given state. Based in a socio-legal and pluralistic understanding of law, this book explores the normative dynamics of peace negotiations. It argues that the role of law in the peaceful resolution of internal armed conflicts has been greatly underestimated and that legal theory can and should contribute to a better comprehension of these processes. Including thematic case studies from Darfur, North-South Sudan, Uganda, Côte d'Ivoire, Colombia, Sri Lanka, Sierra Leone, Mozambique, Bosnia and Israel-Palestine, this volume will be of use to scholars, students and affiliates of international organizations and non-governmental organizations.

International Criminal Law in Context provides a critical and contextual introduction to the fundamentals of international criminal law. It goes beyond a doctrinal analysis focused on the practice of international tribunals to draw on a variety of perspectives, capturing the complex processes of internationalisation that criminal law has experienced over the past few decades. The book considers international criminal law in context and seeks to account for the political and cultural factors that have influenced – and that continue to influence – this still-emerging body of law. Considering the substance, procedures, objectives, justifications and impacts of international criminal law, it addresses such topics as:• the history of international criminal law;• the subjects of international criminal law;• transitional justice and international criminal justice;• genocide, crimes against humanity, war crimes and the crime of aggression;• sexual and gender-based crimes;• international and hybrid criminal tribunals; • sentencing under international criminal law; and• the role of victims in international criminal procedure.The book will appeal to those who want to study international criminal law in a critical and contextualised way. Presenting original research, it will also be of interest to scholars and practitioners already familiar with the main legal and policy issues relating to this body of law.

International Criminal Law in Context provides a critical and contextual introduction to the fundamentals of international criminal law. It goes beyond a doctrinal analysis focused on the practice of international tribunals to draw on a variety of perspectives, capturing the complex processes of internationalisation that criminal law has experienced over the past few decades. The book considers international criminal law in context and seeks to account for the political and cultural factors that have influenced – and that continue to influence – this still-emerging body of law. Considering the substance, procedures, objectives, justifications and impacts of international criminal law, it addresses such topics as:• the history of international criminal law;• the subjects of international criminal law;• transitional justice and international criminal justice;• genocide, crimes against humanity, war crimes and the crime of aggression;• sexual and gender-based crimes;• international and hybrid criminal tribunals; • sentencing under international criminal law; and• the role of victims in international criminal procedure.The book will appeal to those who want to study international criminal law in a critical and contextualised way. Presenting original research, it will also be of interest to scholars and practitioners already familiar with the main legal and policy issues relating to this body of law.

This book provides a critical introduction to the multifaceted relationship between law and peace. It introduces the reader to different conceptions of both law and peace, highlighting non-dominant conceptions, and considers the historical and hegemonic dimensions of this relationship. One of the main objectives is to critique the ways in which law has tried, often unsuccessfully, to prevent and resolve armed conflict and to promote peace. The book draws on several critical theories, including postcolonial studies, feminist and queer approaches as well as legal pluralism, to review the prevailing (neo-)liberal legal approaches to peace and peacemaking and their focus on state sovereignty, national interests, and state-based institutions. Emphasizing the plural nature and relational aspects of law and peace, the book seeks to challenge common assumptions about law and peace and outlines further opportunities for law to play a more constructive role in this regard.

This book provides a critical introduction to the multifaceted relationship between law and peace. It introduces the reader to different conceptions of both law and peace, highlighting non-dominant conceptions, and considers the historical and hegemonic dimensions of this relationship. One of the main objectives is to critique the ways in which law has tried, often unsuccessfully, to prevent and resolve armed conflict and to promote peace. The book draws on several critical theories, including postcolonial studies, feminist and queer approaches as well as legal pluralism, to review the prevailing (neo-)liberal legal approaches to peace and peacemaking and their focus on state sovereignty, national interests, and state-based institutions. Emphasizing the plural nature and relational aspects of law and peace, the book seeks to challenge common assumptions about law and peace and outlines further opportunities for law to play a more constructive role in this regard.