03590nam a22004935i 4500001001800000003000900018005001700027007001500044008004100059020003700100024003500137050001700172072001700189072002300206072001600229100008300245245016000328250001800488264007900506300003400585336002600619337002600645338003600671347002400707505048600731520130401217650002502521650003002546650003002576650002502606650003802631650004702669650003702716650008302753710003402836773002602870776003602896776003602932776003602968856004603004912001403050912001503064999001703079978-3-031-73683-4DE-He21320251030114627.0cr nn 008mamaa241219s2024    sz |    s    |||| 0|eng d  a97830317368349978-3-031-73683-47 a10.1007/978-3-031-73683-42doi 4aK3236-3268.5 7aJPVH2bicssc 7aLAW0130002bisacsh 7aJPVH2thema1 aLyons, Beth S.eauthor.4aut4http://id.loc.gov/vocabulary/relators/aut98919110aRace, Culture and Mental Illness in the International Criminal Court’s Ongwen Judgment: Biases and Blindspotsh[electronic resource] /cby Beth S. Lyons.  a1st ed. 2024. 1aCham :bSpringer Nature Switzerland :bImprint: Palgrave Macmillan,c2024.  aXXX, 133 p.bonline resource.  atextbtxt2rdacontent  acomputerbc2rdamedia  aonline resourcebcr2rdacarrier  atext filebPDF2rda0 a1.Introduction.-2. Considerations in Drafting this Article -- 3. The Intersection of Race and Culture in the Ongwen Judgment -- 4. How the Chamber Handles the Defence and Prosecution Evidence.-5. The Predicate Issue: Is a Critique of Methodology Racially Biased or “Fair Game”? -- 6. Confirmation Bias and Biased Conclusions -- 7. Culture, Mental Health Literacy and Implicit Bias.-8. Cultural Bias and Scientific Standards, Psychometric Testing and Malingering.-9. Conclusion.  aDominic Ongwen was abducted in 1987 when he was 8 or 9 years old by the Lord’s Resistance Army (‘LRA’) in Northern Uganda and trafficked as a child soldier; he made multiple unsuccessful attempts to escape, and finally succeeded in late 2014. He turned himself into the International Criminal Court in 2015 and was prosecuted. Mr. Ongwen’s defence was that he was not responsible for the crimes of the LRA, based on his mental illnesses and duress, stemming from his abduction and subsequent coercion and indoctrination under Joseph Kony within the LRA. In February 2021, the ICC’s Trial Chamber IX convicted Dominic Ongwen of 61 charges and two modes of liability and he was sentenced to 25 years incarceration. This work critiques the judicial racial and cultural biases and blindspots in the Ongwen Judgment rendered by the ICC, as related to the affirmative defences of mental disease or defect and duress and to sentencing, from the perspective of the author who served as a defence counsel in the case. BETH S. LYONS is a senior defence counsel, with 30+ years of experience. She has served as a defence counsel at the ICTR and ICC in five international criminal cases. Previously, she worked for The Legal Aid Society in New York City, in its criminal defence and appeals divisions. 0aHuman rights.958427 0aPolitical science.958714 0aInternational law.95829214aHuman Rights.95842724aPolitics and Human Rights.96728424aPolitics and International Studies.97061024aPublic International Law.95741424aSources and Subjects of International Law, International Organizations.9676012 aSpringerLink (Online service)0 tSpringer Nature eBook08iPrinted edition:z978303173682708iPrinted edition:z978303173684108iPrinted edition:z978303173685840uhttps://doi.org/10.1007/978-3-031-73683-4  aZDB-2-POS  aZDB-2-SXPI  c65853d65853