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Students will develop insights into the complex legal, political, philosophical, historical, military and
cultural issues that may impact efforts to bring perpetrators of grave international crimes to justice.
The new international legal order, which has increasingly recognized the individual, peoples and
humanity since particularly the Second World War (although this development started before),
empowers individuals to file claims and be recognized as victims at international institutions.
Security for secured syndicated loans in an international context NAME OF STUDENT STUDENT
NUMBER law M591 22ND DECEMBER 2011. The Court (together with its states parties) and the
wider international criminal justice field should take critical signals more seriously and engage in
dialogue with a more open attitude to avoid that this battle between the Court and (particularly)
African states intensifies further, victims get more disillusioned, and the support for the Court
deteriorates further. The threat of criminal damage was intended for a third person, the Druvniks.
This section states that a person can use the defence if they believed that the owner of the property
would have consented had they known the situation. GIFs Highlight your latest work via email or
social media with custom GIFs. The actus reus is evident because Mala damaged property belonging
to another without lawful excuse. On Critique, Legalism and Strengthening the icc ’s Legitimacy.
The Use of Legal Procedure for Political Ends (Princeton University Press, Princeton, 1961); Carl
Schmitt, The Concept of the Political: Expanded Edition (The University of Chicago Press, Chicago,
2007). The Court (together with its states parties) and the wider international criminal justice field
should take critical signals more seriously and engage in dialogue with a more open attitude to avoid
that this battle between the Court and (particularly) African states intensifies further, victims get
more disillusioned, and the support for the Court deteriorates further. But it is exactly this legitimacy
that is fundamentally challenged by those whom the Court seeks to champion and by states that have
in the past fought to create the Court. He is admitted to practice as a barrister and solicitor. To
browse Academia.edu and the wider internet faster and more securely, please take a few seconds to
upgrade your browser. This therefore requires a more complex understanding of law and politics than
legalism tends to portray. The mens rea is also satisfied as there was clear intention to commit this
act. By nature, its own logic as a criminal court of law frames a situation in terms of criminal
accountability. Embed Host your publication on your website or blog with just a few clicks. Though
private prosecution is possible, it is highly unusual and, in almost every instance, the Crown
prosecutes on behalf of its citizens. Moreover, the practical reality of international criminal trials is
that due to, for instance, limited resources, the difficulty of obtaining sufficient and reliable
evidence, limited jurisdiction, and the difficulty of obtaining custody over the individual concerned,
prosecutorial selectivity must single out a relatively very small number of the far more numerous
perpetrators that will face a trial. Tyler, The Social Psychology of Procedural Justice (Plenum Press,
New York, 1988). Historical truth-telling demands a widening of the context so that it can include
larger systemic factors such as political, social and economic structures that provided the setting and
conditions in which the mass violence took place. Event Details: Tuesday, July 10th, 2018 11:00am-
12:30pm Rayburn House Office Building 2456 The American Bar Association’s (ABA) International
Criminal Court (ICC) Project is an independent initiative of the ABA Center for Human Rights that
advances international criminal justice and US-ICC relations through advocacy, education and
practical legal assistance. Like HM Advocate v Robertson and Donoghue, the victim is obviously in
bad health. Report this Document Download now Save Save J Int Criminal Justice 2012 McCarthy
351 72 For Later 0 ratings 0% found this document useful (0 votes) 15 views 22 pages J Int
Criminal Justice 2012 McCarthy 351 72 Uploaded by Guido Adrian Palacin AI-enhanced description
Incorporating a regime for dealing with victim redress within the framework of an international
criminal justice institution is not, it is argued. The law states that “a person who without lawful
excuse makes to another a threat, intending that the other would fear it would be carried out - (a) to
destroy or damage property belonging to that person or a third person” shall be guilty of an offence.
For more information about the ABA’s ICC Project, please visit its website. It fails to account that
law is based on and is an outcome of political choice, that the legal language is also a particular form
of politics, that the structure of legal argumentation represents what a (legal) community accepts as
law and not, and that justice is what those that seek it experience as such. To receive any credit,
subscriber must return all product(s) shipped during the year at their expense within the applicable
cancellation period listed above. Criminal law is applied in ensuring that all who commit crimes are
tried in relation to the.
To move beyond the currently heavily politicized and polarized discussions and save the icc from its
pending implosion requires a reconceptualization of international criminal justice as inherently
political, taking critique seriously, engaging in an open dialogue with those that it seeks to address
and champion, understanding in what context international criminal justice is expected to function
and thus what its nature, abilities and limitations are. Shipping and handling fees are not included in
the annual price. To attend, please RSVP by sending an email to Erica Carvell. None of this is easy,
of course, since within each conflict, various and contradicting voices are always present. By nature,
its own logic as a criminal court of law frames a situation in terms of criminal accountability. The
United Nations, many Human Rights Organizations and most democratic nations have expressed
support for the new court. Issuu turns PDFs and other files into interactive flipbooks and engaging
content for every channel. To receive any credit, subscriber must return all product(s) shipped during
the year at their expense within the applicable cancellation period listed above. In other words, the
Court had the perfect opportunity to demonstrate that its inherent political nature as one Court in a
world full of atrocity crimes requires choices and priorities does not take away its legal nature as
court of law. The core instrument to achieve this and to silence or side-line critique was by framing
moral outrage about impunity for mass atrocities in narratives of universality, progress, a
conceptualization of justice that prioritizes criminal accountability vis-a-vis other forms that may
lead to justice, and the portrayal of criminal accountability mechanisms as able to deliver justice and
end impunity for mass atrocities. Moreover, the laws on state sovereignty and jurisdictional
immunity have opened up here and there to allow legal proceedings against norm violators.
Download Free PDF View PDF See Full PDF Download PDF Loading Preview Sorry, preview is
currently unavailable. These cookies help provide information on metrics the number of visitors,
bounce rate, traffic source, etc. The wider the scope of a trial becomes, the more complex it becomes
for the trial to grasp it in terms of the accountability of the individual in the dock. Countries like
Malaysia, India and the United States are still yet to ratify the Rome Statute. This points to a
discussion that must be had on the context in which the Court is supposed to function, and the type
of Court it is supposed to be. It starts by looking at the contemporary institutions which have been
created by the international community in the last few decades, such as the International Criminal
Tribunal for the Former Yugoslavia (ICTY) and the International Criminal Court (ICC) as well as
international and regional policing agencies such as Interpol and Europol. Social Posts Create on-
brand social posts and Articles in minutes. This paper will discuss the relationship of social justice
and the operations of the criminal justice system focusing on crime scene, investigation techniques
and security, the collection, n and presentation of evidence as well as issues related to correctional
institutions, incarceration and release of those accused of crime and those convicted. Yet this does
not mean that realists are right in arguing that therefore international law is irrelevant because it is
nothing but political. Mbori H Otieno Download Free PDF View PDF A Giant without Limbs: The
International Criminal Court's State-Centric Cooperation Regime JACKSON MAOGOTO The
International Criminal Court is one of the great international institutions in mankind's history with
the potential to reconfigure significant aspects of the international system with regard to criminal
jurisdiction. Because then at least the discussion can be held on what choices the Court should be
making rather than deny that it does and has to. How has this system, effectively born after WWII,
developed over time and why is it (or isn’t it) relevant today. He qualified as a Solicitor in 1977 and
worked as a defence advocate in private practice for a number of years before taking his Ph.D at the
University of Cambridge. No credit will be given for cancellations more than 60 days after the
invoice date. This article argues that this is due to contradicting assumptions and too many objectives
attached to the expectations of international criminal justice, which pull and push what the criminal
trial is supposed to do in too many directions, undermining what it can do, raising too high
expectations, and leading to disappointment. Instead, the supranational was presented as not invasive
because only based on neutral, universal and apolitical law. Addressing these varied and complex
justice needs is thus a highly complex political decision-making process. Within only a few years, a
previously considered utopia became reality: with a number of ad hoc courts and the permanent
International Criminal Court ( icc ) in the Hague, supranational judges were provided with
jurisdiction and courtrooms and started convicting state leaders for crimes committed in other,
sovereign jurisdictions. Rather than denying its political nature, the discussion should focus on: what
choices, on what basis and with what objectives, for whom and by whom.
Add Links Send readers directly to specific items or pages with shopping and web links. Contrary to
legalist assumptions that understand trials as either legal or political, there is no reason why a judicial
process that results from political choice cannot and should not be held in accordance with rules and
procedures that aim to protect the independence and impartiality of the judicial process, and provide
rights to the defendant. Or as Ruti Teitel raises, to what extent is international criminal law supposed
to simply represent past wrongdoing and to what extent it is intended to be transformative of that
past wrongdoing. By nature, its own logic as a criminal court of law frames a situation in terms of
criminal accountability. They can also show through this case that being political does not mean that
the Court cannot simultaneously uphold judicial impartiality and independence and conduct the trial
in accordance with the highest legal standards. Displaying such wicked recklessness as to imply a
disposition depraved enough to be regardless of consequences”, Macdonalds Criminal Law (5 th
edition, p89). It starts by looking at the contemporary institutions which have been created by the
international community in the last few decades, such as the International Criminal Tribunal for the
Former Yugoslavia (ICTY) and the International Criminal Court (ICC) as well as international and
regional policing agencies such as Interpol and Europol. Upload Read for free FAQ and support
Language (EN) Sign in Skip carousel Carousel Previous Carousel Next What is Scribd. This is
understandable, because what is addressed is that destruction of cultural heritage is usually part of a
policy of cultural cleansing, contributing to a wider policy of ethnic cleansing, of destroying the
identity of a group and persecution, as it was here in Mali. Because, what seems like a nice idea on
the one hand inherently comes at the detriment of other objectives. An institutional check on the
ICC's power is that it will have to work through States. International law aims for harmony and the
regulation of disputes. It, however, ignores the social context and diversity in which law functions.
There is a possibility that Mala could be charged under s.2 for threatening to set fire to the flat, if it
can be proved that either the Druvniks or Obi feared this threat. Grant previously had extensive
experience as a war crimes prosecutor in Australia as deputy Director of Public Prosecutions for
South Australia. Whether the damaged property had been destroyed or damaged is irrelevant has no
significance, the fact that the property had been impaired of its value and usefulness is significant
enough as stated in Roper v Knott (1898). Jason could also be charged under s.1(3) for burning the
newspaper and possibly for the damaged carpet and walls if it can be proved that he was reckless in
doing so. Indeed, this was the legitimation of sovereign immunity to begin with, responding to the
problem that cross-boundary judicial interference in one another’s affairs leads to conflict and even
war because norms differ between societies and perceptions of reality between any adversary. It
moreover offers some reflections on how to try and move beyond: strengthening the legitimacy of
the icc by reconceptualising international justice, matching expectations to what the icc can and
cannot do, and work towards policy decisions and scenarios that better meet the needs of those that
are affected by mass atrocities. On the other hand, the narrower the focus, the less the trial would
provide any profound historical and contextualized understanding of the situation and its structural
causes and effects. This suggests that Yousef did not intend to break in until he found out as a
certainty that there was no one in. But when it becomes more concrete, namely in considering
whether particular behaviour indeed qualifies as such serious violations and crimes, fundamental
disagreement appears on what is and should be understood to be within the scope of such norms, on
whose violations are worse and at the root of the conflict or instead a response to the other,
legitimate for one or another reason, and so forth. Shipping and handling fees are not included in the
annual price. Mbori H Otieno Download Free PDF View PDF A Giant without Limbs: The
International Criminal Court's State-Centric Cooperation Regime JACKSON MAOGOTO The
International Criminal Court is one of the great international institutions in mankind's history with
the potential to reconfigure significant aspects of the international system with regard to criminal
jurisdiction. The icc and other international criminal tribunals cannot be compared to a regular
domestic criminal justice system in a well-functioning legal order, of which we may expect that it
investigates all serious crimes and prosecutes where evidence can be found. In addition, it sets out a
series of principles declaring how states should behave. International Criminal Justice See Full PDF
Download PDF About Press Blog People Papers Topics Job Board We're Hiring. In reality, however,
this assumption is problematic and encounters much discussion. Though private prosecution is
possible, it is highly unusual and, in almost every instance, the Crown prosecutes on behalf of its
citizens. This is unfortunate due to the changes in the management of the police stations and the
provision of legal aid'.
This paper will discuss the relationship of social justice and the operations of the criminal justice
system focusing on crime scene, investigation techniques and security, the collection, n and
presentation of evidence as well as issues related to correctional institutions, incarceration and
release of those accused of crime and those convicted. Jason argues that he did not intend to cause
fire of the carpet and argued that he would have put out the fire after the newspaper had burned, had
it not been for the argument between Mala and Obi. S.1 of the Criminal Damage Act 1971 states that
a person intending to destroy or damage any property or being reckless as to whether any property
will be damaged shall be guilty of an offence. None of this is easy, of course, since within each
conflict, various and contradicting voices are always present. This is also what Darryl Robinson
points to when he discusses how the icc ’s contradictory assignment allows the icc to be criticized
for always breaching one of its contradictory expectations. Download Free PDF View PDF
International Criminal Law Douglas Guilfoyle This book clearly sets out the international criminal
law framework. Cookie Settings Accept All Reject All Privacy Policy Manage consent. The icc
consequently suffers from unrealistic expectations and thus inherent disappointment. More Features
Connections Canva Create professional content with Canva, including presentations, catalogs, and
more. A didactic and expressive function relies on what the narrative is that is disseminated. Which
rules of the criminal law have they broken and what, if any, charges should the Lord Advocate bring
against them. Yet this does not mean that realists are right in arguing that therefore international law
is irrelevant because it is nothing but political. If subscribers cancel within 30 days after the product
is ordered or received and return the product at their expense, then they will receive a full credit of
the price for the annual subscription. This is usually not much of a problem when discussions remain
in the abstractness of generalities, i.e. that crimes against humanity, wars of aggression and gross
human rights violations for example are condemnable. By generating such knowledge and
perspectives, the project i) seeks to clarify and deepen the intellectual roots of the discipline of
international criminal law. The mens rea was also satisfied because the group also had an intention to
break into the flat. This paper seeks to outline the powers of the prosecutor with the intention of
justifying these powers vis-a-vis comprehending the claims of countries that are member States of the
United Nations but who are all yet to ratify the Rome statute. Moreover, the practical reality of
international criminal trials is that due to, for instance, limited resources, the difficulty of obtaining
sufficient and reliable evidence, limited jurisdiction, and the difficulty of obtaining custody over the
individual concerned, prosecutorial selectivity must single out a relatively very small number of the
far more numerous perpetrators that will face a trial. This is understandable, because what is
addressed is that destruction of cultural heritage is usually part of a policy of cultural cleansing,
contributing to a wider policy of ethnic cleansing, of destroying the identity of a group and
persecution, as it was here in Mali. Thus, what the Court needs to do is shake off its legalist feathers
as it unhelpfully clouds the already difficult task of understanding how the Court could best navigate
the waters, recognize its politics, explain and justify its choices, and engage openly in dialogue with
those it tries to support and address. Addressing these varied and complex justice needs is thus a
highly complex political decision-making process. Download Free PDF View PDF The Proprio Motu
Power of the ICC Prosecutor: The Reason Some States Have Refused to Ratify the Rome Statute
Kafayat Quadri Amongst various issues tabled by non-signatories or countries that haven’t ratified
the Rome Statute on their non- compliance is the power given to the prosecutor. Contrary to legalist
assumptions that understand trials as either legal or political, there is no reason why a judicial
process that results from political choice cannot and should not be held in accordance with rules and
procedures that aim to protect the independence and impartiality of the judicial process, and provide
rights to the defendant. More recently, Transco v HM Advocate 2004 SLT 41, which dealt with a
relatively new facet of criminal law, that of corporate criminality. Yousef could argue that he was
trying to protect his flat from Jason, Mala and Obi who had locked them in a room, ransacked their
flat and had started a fire in the flat. More concretely, those involved should critically assess whether
and in what ways criminal accountability contributes to the justice needs of the affected community
concerned, and how trials should best relate to other transitional justice mechanisms in the particular
situation at hand. Kronman, long-time Dean of Yale Law School, offers a learned lawyer's reminder
of the limits of the reach of law. 1 Anthony T. Kronman, Confessions of a Born-Again Pagan, Yale
University Press, 2016, 1,161 pp. By ignoring and denying such critique, it is not only not going
away, the Court in fact counterproductively allows its opponents to mobilize the justified and
constructive critique for the anti- ICC camp. This ill-serves the needs of the victims, as well as
undermines the legitimacy of the trials and courts because these in turn are unable to meet the
unrealistic expectations thus raised. Instead, throughout this recent era of institutionalization of
international criminal justice that we observed since the early 1990s, international criminal courts and
tribunals present their mandate as apolitical, one of pure legal considerations, staying clear of politics,
subordinating politics to law and speaking law to power. Because, what seems like a nice idea on the
one hand inherently comes at the detriment of other objectives.
The law states that “a person who without lawful excuse makes to another a threat, intending that the
other would fear it would be carried out - (a) to destroy or damage property belonging to that person
or a third person” shall be guilty of an offence. In other words, the Court had the perfect opportunity
to demonstrate that its inherent political nature as one Court in a world full of atrocity crimes
requires choices and priorities does not take away its legal nature as court of law. As a result, the
effectiveness of the European Convention on Human Rights is more virtual than real and does not
extend beyond the actual court cases to tackle with the discrimination against the fundamental
human rights. You can download the paper by clicking the button above. The Aftermath of the Truth
and Reconciliation Commission in South Africa and Beyond (Routledge, Abingdon, 2011); Teitel,
supra note 10; Clarke, supra note 6. International law aims for harmony and the regulation of
disputes. But it shied away from doing so and from explaining its choices, although perhaps it is
moving into this direction. Instead, different situations require different mixtures of various
mechanisms to try and respond to victims’ needs. Report this Document Download now Save Save
J Int Criminal Justice 2012 McCarthy 351 72 For Later 0 ratings 0% found this document useful (0
votes) 15 views 22 pages J Int Criminal Justice 2012 McCarthy 351 72 Uploaded by Guido Adrian
Palacin AI-enhanced description Incorporating a regime for dealing with victim redress within the
framework of an international criminal justice institution is not, it is argued. Addressing these varied
and complex justice needs is thus a highly complex political decision-making process. This article
provides an analysis of the ICC's international cooperation and judicial assistance regime as well as
an insight into the approaches that States Parties have adopted in seeking to give effect to the letter
and spirit of their obligations domestically. It starts by looking at the contemporary institutions which
have been created by the international community in the last few decades, such as the International
Criminal Tribunal for the Former Yugoslavia (ICTY) and the International Criminal Court (ICC) as
well as international and regional policing agencies such as Interpol and Europol. However, a
criminal trial as means to set a historical record is problematic because historical truth-telling and
establishing criminal accountability require contradicting rationales. The introduction also provides
an interdisciplinary snapshot of a selection of seven contributions, which represent a broad spectrum
of examples. Each of those beneficiaries may well call for different considerations of what the best
approach towards transitional justice mechanisms is, and again differently in each different conflict.
Adobe InDesign Design pixel-perfect content like flyers, magazines and more with Adobe InDesign.
He could argue that he intended to put out the fire after the paper had burned but if it was proved
that he still foresaw some risk that other damage would occur then he could be said to have been
acting recklessly. However, since any articulation of morality inherently raises objection for it is
inherently disagreed with by one or another, it will also raise discussion. Thereby, the objectives that
a trial is associated with (and thus the expectations for it) are stretched in too many directions. More
Features Connections Canva Create professional content with Canva, including presentations,
catalogs, and more. This article argues that this is due to contradicting assumptions and too many
objectives attached to the expectations of international criminal justice, which pull and push what
the criminal trial is supposed to do in too many directions, undermining what it can do, raising too
high expectations, and leading to disappointment. But when it becomes more concrete, namely in
considering whether particular behaviour indeed qualifies as such serious violations and crimes,
fundamental disagreement appears on what is and should be understood to be within the scope of
such norms, on whose violations are worse and at the root of the conflict or instead a response to the
other, legitimate for one or another reason, and so forth. We will investigate the agency of
individuals, both perpetrators and victims. We will look at ICL’s main judicial institutions, both
domestic and international, with some special focus on the International Criminal Court. This
suggests that Yousef did not intend to break in until he found out as a certainty that there was no
one in. It seemed to be regarded as unhelpful for creating the support and momentum that was
needed to break through assumptions that the international legal order could only function by virtue
of states as ultimate deciders over right and wrong, each for themselves as they saw fit. This paper
will discuss the relationship of social justice and the operations of the criminal justice system
focusing on crime scene, investigation techniques and security, the collection, n and presentation of
evidence as well as issues related to correctional institutions, incarceration and release of those
accused of crime and those convicted. This provision requires that no person be deprived of life,
property or liberty without following. For example, as Malcolm Shaw writes in the opening pages of
his International Law textbook. It is time to change that course, and observing Bensouda’s choices
these first years since taking office, she may well be the person to lead international criminal justice
into its next phase, bolstering it for a more sustainable future. Like HM Advocate v Robertson and
Donoghue, the victim is obviously in bad health.
The US had initially supported the idea of creating an international criminal court and was a major
participant at the Rome conference. Though the issue of self-endangerment by someone attempting a
rescue has never came up before a criminal court in Scotland, the decision in S teel v Glasgow Iron
and Steele co shows that a “mere error in judgement” on the part of the victim would not break this
chain and it would not be broken if the attempt “was a reasonable one” and a “natural and probable
consequence” of the original act. In what context are international criminal trials supposed to
function. However, social psychological research as well as research in communities that are affected
by mass atrocities shows that justice is inherently subjective, and that social psychological and
cultural differences as well as diverse historical, political and social contexts prevail regarding what
is considered justice, for whom, by whom, how to choose one interpretation of justice over another,
and whose justice is taken into consideration at the cost of another’s. Justice mechanisms, including
criminal law trials, function only by the grace of legitimacy. The House of Lords has stated that a
person acts recklessly (i) in a circumstance when he is aware of a risk that exists or will exist and (ii)
a result when he is aware of a risk that will occur, and it is in the circumstance known to him,
unreasonable to take a risk. However, importantly, although these processes are (also) political in
essence, this does not preclude their legal character. And a new field of studies that sparked an
immense and still increasing amount of interest, Master’s programs, PhD positions and academic
journals dedicated to it. Add Links Send readers directly to specific items or pages with shopping
and web links. Instead, throughout this recent era of institutionalization of international criminal
justice that we observed since the early 1990s, international criminal courts and tribunals present
their mandate as apolitical, one of pure legal considerations, staying clear of politics, subordinating
politics to law and speaking law to power. But like the international penal institutions before it, the
success of the ICC revolves around international cooperation. And while what is justice for one is
likely to differ from what is justice to another, the icc and other tribunals employ little effort to
assess whether their own preferred justice mechanism (accountability of the most senior perpetrators
involved) meet the justice needs of the victims. But what else can a court do, really. The commentary
also details issues pertinent to both the prosecution and defence in an international criminal law
matter. He qualified as a Solicitor in 1977 and worked as a defence advocate in private practice for a
number of years before taking his Ph.D at the University of Cambridge. With regard to retribution,
many scholars assert that prosecutions of merely a few individuals could never be sufficiently
vengeful in relation to the sheer scale and gravity of the crimes that were committed. Instead, the
world should be understood as a cosmos, as a unity innate to humanity as a whole. To browse
Academia.edu and the wider internet faster and more securely, please take a few seconds to upgrade
your browser. The Act also states that the property must be in immediate need of protection, as
stated by s.5(2)(b)(i) and that the means were or would be reasonable under the circumstances, as
stated by s.5(2)(b)(iii). Both these elements are satisfied and this defence would therefore be
available to Yousef. International criminal trials have to deal with cases that are usually far more
complex to prove, with limited resources and jurisdictional scope. Moreover, it ignores the
constitutive or performative power of law: that by including and excluding what is recognized as
legal, relevant and convincing, law produces reality, symbolic orders and power. Like HM Advocate
v Robertson and Donoghue, the victim is obviously in bad health. What is needed now is a more
reflective understanding of the politics that international criminal law interacts, represents and
reproduces; to engage with the critique seriously and consider what it can and cannot do; and on that
basis manage and adjust expectations to a realistically achievable level. Articles Get discovered by
sharing your best content as bite-sized articles. More Features Connections Canva Create
professional content with Canva, including presentations, catalogs, and more. Historical truth-telling
demands a widening of the context so that it can include larger systemic factors such as political,
social and economic structures that provided the setting and conditions in which the mass violence
took place. Yousef could argue that he was trying to protect his flat from Jason, Mala and Obi who
had locked them in a room, ransacked their flat and had started a fire in the flat. Jason could be
charged under s.1(3) of the Criminal damage act 1971. The deceased’s act must be “proportionate to
the threat”. However, social psychological research as well as research in communities that are
affected by mass atrocities shows that justice is inherently subjective, and that social psychological
and cultural differences as well as diverse historical, political and social contexts prevail regarding
what is considered justice, for whom, by whom, how to choose one interpretation of justice over
another, and whose justice is taken into consideration at the cost of another’s. The fact that he
intended to do so ensures that the mens rea is also satisfied.