Introduction
Introductory comments
Research question
Structure
The cultural defence; its use and abuse
Introduction
What is culture
The cultural defence
Arguments in favour and against the cultural defence
The right to culture
Creating a legal framework
Cultural relativism
Enculturation
Religion as culture
The right to a fair trial
Human rights treaties and the ICC
Individualised justice
Conclusion
The ICC statute; a culture clash?
Introduction
Law as culture
The making of the rome statute
Cultural accommodation at the ICC
Cultural property
Linguistic diversity
Victims and witnesses
Expert witnesses on cultural issues
Judges
Sentencing
Reparations
Article 21 of the ICC Statute and sources of law a cultural portal
Applicable treaties and the principles and rules of international law, including the established principles of the international law of armed conflict
General principles of law
Conclusion
Defences at the ICC
Introduction
Defences in international criminal law
Statute provisions on defences (Articles 31-33)
Mental incapacity, disease or defect
Cultural issues as part of the mental incapacity defence
Intoxication
Cultural issues as part of the intoxication defence
Self-defence, defence of others and defence of property
Cultural issues as part of the self-defence defence
Duress or necessity
Cultural issues as part of the defence of necessity or duress
Mistake of fact or law
Cultural issues as part of the defence of mistake
Superior orders
Cultural issues as part of the defence of superior orders
A cultural defence as another ground for excluding criminal liability
Conclusion
ICC practice
Introduction
Linguistic diversity
Child soldiers
Child soldiers and the lubanga case
Child soldiers and the ongwen case
Duress in the ongwen case
The destruction of cultural property
Hisbah
Ziyara
Cultural considerations in the al mahdi reparations decision
Moral harm
Conclusion
Conclusion.