Applying intersectionality to the adjudication of persecution in the International Criminal Court
This thesis conducts a theoretical, doctrinal, and normative analysis of the features, role, legal basis, and potential normative value of intersectionality theory in the adjudication of the crime against humanity of persecution in the International Criminal Court (ICC). It summarises the features o...
| Main Author: | |
|---|---|
| Other Authors: | |
| Format: | Thesis |
| Language: | English |
| Published: |
2023
|
| Subjects: |
| _version_ | 1826312483081551872 |
|---|---|
| author | Sutton, J |
| author2 | Urs, P |
| author_facet | Urs, P Sutton, J |
| author_sort | Sutton, J |
| collection | OXFORD |
| description | This thesis conducts a theoretical, doctrinal, and normative analysis of the features, role, legal basis, and potential normative value of intersectionality theory in the adjudication of the crime against humanity of persecution in the International Criminal Court (ICC). It summarises the features of intersectionality theory developed in domestic discrimination law and international human rights law, and provides an intersectional framework for the international criminal law context. It identifies and assesses ICC case law implicating intersectionality, concluding that the theory has growing relevance in the arrest warrant, confirmation of charges, trial, sentencing, and reparations decisions of the ICC Chambers. It argues that a defensible legal basis for intersectionality can be found in Article 21(3) of the Rome Statute of the ICC, based on an interpretation of this provision as a human rights consistency test. Finally, it argues that intersectionality brings benefits to the contextual elements of crimes against humanity, actus reus, mens rea, sentencing, and reparations stages of persecution cases, as well as expressive value, that outweigh the potential limitations of the proposal. The thesis concludes that intersectionality has significant potential as a legal tool in persecution cases and should be further explored by the ICC. |
| first_indexed | 2024-03-07T08:29:40Z |
| format | Thesis |
| id | oxford-uuid:c022b0d2-dafb-4aa2-8658-27474df24369 |
| institution | University of Oxford |
| language | English |
| last_indexed | 2024-03-07T08:29:40Z |
| publishDate | 2023 |
| record_format | dspace |
| spelling | oxford-uuid:c022b0d2-dafb-4aa2-8658-27474df243692024-03-05T09:55:33ZApplying intersectionality to the adjudication of persecution in the International Criminal Court Thesishttp://purl.org/coar/resource_type/c_bdccuuid:c022b0d2-dafb-4aa2-8658-27474df24369Intersectionality (Sociology)Human rightsCriminal liability (International law)Criminal procedure (International law)EnglishHyrax Deposit2023Sutton, JUrs, PThis thesis conducts a theoretical, doctrinal, and normative analysis of the features, role, legal basis, and potential normative value of intersectionality theory in the adjudication of the crime against humanity of persecution in the International Criminal Court (ICC). It summarises the features of intersectionality theory developed in domestic discrimination law and international human rights law, and provides an intersectional framework for the international criminal law context. It identifies and assesses ICC case law implicating intersectionality, concluding that the theory has growing relevance in the arrest warrant, confirmation of charges, trial, sentencing, and reparations decisions of the ICC Chambers. It argues that a defensible legal basis for intersectionality can be found in Article 21(3) of the Rome Statute of the ICC, based on an interpretation of this provision as a human rights consistency test. Finally, it argues that intersectionality brings benefits to the contextual elements of crimes against humanity, actus reus, mens rea, sentencing, and reparations stages of persecution cases, as well as expressive value, that outweigh the potential limitations of the proposal. The thesis concludes that intersectionality has significant potential as a legal tool in persecution cases and should be further explored by the ICC. |
| spellingShingle | Intersectionality (Sociology) Human rights Criminal liability (International law) Criminal procedure (International law) Sutton, J Applying intersectionality to the adjudication of persecution in the International Criminal Court |
| title | Applying intersectionality to the adjudication of persecution in the International Criminal Court |
| title_full | Applying intersectionality to the adjudication of persecution in the International Criminal Court |
| title_fullStr | Applying intersectionality to the adjudication of persecution in the International Criminal Court |
| title_full_unstemmed | Applying intersectionality to the adjudication of persecution in the International Criminal Court |
| title_short | Applying intersectionality to the adjudication of persecution in the International Criminal Court |
| title_sort | applying intersectionality to the adjudication of persecution in the international criminal court |
| topic | Intersectionality (Sociology) Human rights Criminal liability (International law) Criminal procedure (International law) |
| work_keys_str_mv | AT suttonj applyingintersectionalitytotheadjudicationofpersecutionintheinternationalcriminalcourt |