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In ICL, the distortions often result from habits of reasoning that are progressive and appropriate in human rights law and humanitarian law, but which become problematic when transplanted without adequate reflection to a criminal law system. I highlight three kinds of such reasoning: interpretative assumptions, substantive and structural assumptions, and ideological assumptions.
These habits of reasoning were more prevalent in the early days of the renaissance of ICL, than they are today. It is still valuable to discern and dissect these habits of reasoning, because their legacy continues, because they still recur today, and because they help to show value of attending to reasoning. As he points out something I have griped about over the years , when it comes to compliance with fundamental principles such as the principle of legality, liberal systems international ized criminal tribunals and courts are opportunistically willing to embrace illiberal doctrines — as seen at the ad hoc tribunals in their early days when the so-called doctrine of joint criminal enterprise JCE was concocted, modes of liability and definitions of crimes were expanded, and defences normally found in national jurisdictions were rejected.
Perhaps because they are too reliant on the domestic reasoning of criminal law and not fully appreciative of the unavoidable vagaries of ICL since it will remain a work in progress shaped and refined through its application , they fail to recognize the need for some flexibility. In Prof. A convergence of inappropriately rigid standards will, at best, increase the time and resources required for each investigation and prosecution; at worst, it will lead to the continued collapsing of cases.
Either outcome entails unnecessary expenditure of social resources and a diminishment of the intended expressive message and beneficial impact of ICL. Robinson sees the need for a sound delineation of them, a new approach. As in seeking enlightenment in Buddhism one must search for the Middle Way , Prof. Aside from source-based reasoning what legal authorities permit or require , and teleological reasoning examining the purpose and consequences , Prof. Accepting that there will never be certainty about principles of justice, the coherentist approach examines all available clues, patterns of practice, and normative arguments to identify a coherent and convincing narrative.
As a defence lawyer, I find Prof. Second, should not accused expect certainty, uniformity, predictability when tried by international judges, just as they would if tried by national judges? Fourth, what is so wrong in simply applying ordinary judicial reasoning when assessing the facts and in applying the law without indulging in a coherentist hunt for clues?
Criticism of Prof. Robinson dissects the jurisprudence on command responsibility to demonstrate his methodology to the mid-level principles and coherentist approach. Though I am unconvinced that he fully succeeds in validating his theses, I found his analysis of the cases solid and his remarks on much of what has been written on command responsibility and the case law from the international ized criminal tribunals and courts constructive.
Whether defending, prosecuting, or judging a case where command responsibility is an issue, I highly recommend consulting the chapters to this section of the book. In providing a new approach to ICL legal reasoning, Prof. Robinson facilitates an appreciation as to why in ICL there is a tendency to undermine compliance with proclaimed principles, and that even when the outcome may be sufficiently appropriate a hit or miss proposition , the result is likely to enjoy less acceptance because of how it was reached.
Though I am reluctant as a defence lawyer to buy into his mid-level principles and coherentist approach I prefer certainty and strict constructionism , I find merit in being challenged to reconsider my own views based on his innovative thinking. This well-reasoned, bountifully sourced, and exceptionally insightful book is neither a quick nor an effortless read.
You may find yourself poring over passages and flipping back and forth to the glossary as you get into the groove, but the effort is worth it. Author: Michael G. Karnavas Michael G. Karnavas is an American trained lawyer.
Residing and practicing primarily in The Hague, he is recognized as an expert in international criminal defence, including, pre-trial, trial, and appellate advocacy. View all posts by Michael G. Grey, my dear friend, is all theory, green the golden tree of life.
Reading the critical analysis of a book with a strange title, Justice in extreme cases. There are no extreme cases. It is insinuated that there is a different type of justice. The hardest part of the job is learning different local rules and procedures. Making sure discovery is prompt is also challenging. Was this review helpful? Yes No. Report Share. La SAL es una entidad sin fines de lucro cuyo objetivo es brindar asistencia legal a personas indigentes.
Enjoyed teaching brand new lawyers coming into the JAG Corps as well as all of the men and women responsible for defending America. The staff and faculty are great and all teachers have academic freedom to be creative in their classes. Paralegal Program. Expected graduation May with a 2 year Associate Degree in most areas of Law.
Preparation for Cerification Exam scheduled for October Upon graduation, I will have certificates in Bankruptcy and Real Property. Excellent program for someone who want to start a new career after many years of developing transferable soft skill. Pros Excellent program for someone who want to start a new career. My typical day began in court. I litigated a variety of criminal cases. I would usually be out of court by noon. I would meet with victims, witnesses, police, etc regarding upcoming cases.
I would also "murder board" other important cases for bench or jury trials. I taught at the Sheriff's academy and sat on a multi-disciplinary board that reviewed all the child abuse cases in Hampton Roads. The hardest part of my job was reaching children, who were traumatized by physical abuse.
The most enjoyable part of my job was witnessing the justice system work. I felt privileged to work at the Commonwealth Attorney's Office. Pros Extremely satisfying job. Cons none. Do you enjoy working at your company? Help people considering your employer make a good choice. We want to help you find great companies. Help us be the best! See more Criminal Law reviews.
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