Breaking the monolith: incorporating epistemically diverse perspectives in international criminal law [Presentation]

The development of international criminal law predominantly reflects European perspectives, with European values and legal frameworks often regarded as the default standard. On multiple occasions, the focus has been directed towards World War I (WWI) and World War II (WWII), emphasising the contributions of Western nations while downplaying the involvement of Asian countries. Since WWI, some Asian countries have actively contributed to the development of international criminal law. However, this involvement is often overlooked or under-represented. There is a significant deficiency in scholarly discourse concerning Japan's involvement in the Commission on War Responsibility in 1919 as well as the impact of the Tokyo Tribunal—particularly in relation to Justice Radhabinod Pal's dissenting opinion. Furthermore, hybrid tribunals, such as the Extraordinary Chambers in the Courts of Cambodia (ECCC), alongside purely domestic tribunals like the International Crimes Tribunals (ICTB), significantly contribute to the development of international criminal law. Overall, the paper discusses how several Asian countries – while some powerful Asian states remain outside of the International Criminal Court- actively participate in the ICC and apply the principles of international criminal law within their domestic frameworks, thereby contributing to development and conceptualisation of international criminal law.