
Contents
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1 Introduction 1 Introduction
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2 Factual Theories in International Criminal Law 2 Factual Theories in International Criminal Law
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3 Operational Theories in International Criminal Law 3 Operational Theories in International Criminal Law
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4 Foundational Theories in International Criminal Law 4 Foundational Theories in International Criminal Law
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5 External theories in international criminal law 5 External theories in international criminal law
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6 Popular Theories in International Criminal Law 6 Popular Theories in International Criminal Law
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7 Conclusion 7 Conclusion
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36 International Criminal Law: Theory All Over the Place
Get accessSarah M. H. Nouwen is a University Lecturer in Law at the University of Cambridge and Fellow of the Lauterpacht Centre for International Law and of Pembroke College. Her research interests lie at the intersections of law and politics, war and peace, and justice and the rule of law. She is the author of Complementarity in the Line of Fire: The Catalysing Effect of the International Criminal Court in Uganda and Sudan (CUP, 2013), an empirical study into the effects of the complementarity principle in the Rome Statute on the legal systems in Uganda and Sudan. She has advised the Netherlands Ministry of Foreign Affairs, the Department for International Development, and several NGOs. She also assisted an ICC judge as a Visiting Professional. In 2010-2011 she was seconded as Senior Legal Advisor to the African Union High-Level Implementation Panel on Sudan, working on questions of state succession in light of South Sudan's secession and designing a peace process for Darfur.
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Published:02 November 2016
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Abstract
This chapter discusses the different theories employed in the field of international criminal law, which is now increasingly supported by theory. Case theories were developed after events had taken place; operational theories were produced to match complex facts; foundational theories were created to justify existing practices; external theories tried to make sense of the phenomenon of international criminal law as it had been observed; and so did the popular theories based on everyday encounters. Ago, rather than cogito, ergo sum was the field’s implicit maxim. Against this background one still finds that factual, operational, foundational, external theories prove to be less coherent when they are considered in light of each other. Rich theories could thus emerge from more joint theorizing among those working on variably factual, operational, foundational, and external theories, between scholars and practitioners, and between scholar-theorists and quotidian theorists.
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