Die Bedeutung des rechtskulturellen Kontexts bei Verfahren vor dem IStGH

The book explores the significance of the legal-cultural context in international criminal law and possibilities for legal pluralism in the ICC’s proceedings. Furthermore, it examines the tension between the claim to universality and actual fragmentation in the international criminal law framework. Against this backdrop, the prerequisites and grounds for excluding individual criminal liability under the Rome Statute will be analysed to show leeways for cultural considerations. It also discusses which theories of punishment in international criminal law require the cultural context to be taken into account and what implications this could have for the selection of situations and cases investigated by the ICC.