Cultural Defences at the International Criminal Court

Cultural defences are claims that certain aspects of a defendant’s cultural background should be taken into consideration by courts when adjudicating on their guilt or innocence. This book considers how cultural defences can be opened before the International Criminal Court, focusing on the sources of law enshrined in the Statute and the defences recognised under it. It also analyses the reasons for and against the acceptance of cultural defences at the Court, and makes recommendations as to whether cultural issues should be taken into consideration at the trial, sentencing and / or reparations stage of ICC cases.

Cultural defences, i.e. claims that certain aspects of a defendant’s cultural background should be taken into consideration by courts when adjudicating on their guilt or innocence, have been raised before domestic courts in a variety of jurisdictions. This has been a very sensitive and controversial issue. However, the issue of cultural defences at international tribunals is one that has not yet been fully explored. The main objective of this book is to analyse if the International Criminal Court can, and should, accommodate cultural defences as answers to legal charges, or if the Court should accommodate cultural considerations in other ways.