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Judicial Discretion in the Interpretation of International Crimes

Judicial Discretion in the Interpretation of International Crimes Revisiting the Legality Principle

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Studies in International Law

Judicial Discretion in the Interpretation of International Crimes

Revisiting the Legality Principle

Ligeia Quackelbeen

Law / International

This book sets out a legality-centred model to better understand the interpretation of crimes in international criminal law.

It offers a new way of understanding the interpretation of crime as a two-dimensional process: determining what the law is and interpreting whether that law in fact criminalises the conduct in question. This model affects the process and the outcome of judicial interpretation. The book moves beyond the abstract by applying the model to two case studies: (1) organisational policy as a contextual element of crimes against humanity, and (2) the crime of forced marriage. It brings often-overlooked criminal law theory into the field of international criminal law, offering a fresh, innovative perspective on interpretation and placing the legality principle back at the centre of crime interpretation.

Ligeia Quackelbeen is Assistant Professor of International and European Criminal Law at Tilburg University, the Netherlands.

Publication Date: 20 August 2026
Publisher: Bloomsbury Academic
Imprint: Hart Publishing
ISBN-13: 9781509985173
Format: Hardback
Page Count: 320
Weight (oz): 16.0

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