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020 _a9783031736834
_9978-3-031-73683-4
024 7 _a10.1007/978-3-031-73683-4
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072 7 _aJPVH
_2bicssc
072 7 _aLAW013000
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_2thema
100 1 _aLyons, Beth S.
_eauthor.
_4aut
_4http://id.loc.gov/vocabulary/relators/aut
_989191
245 1 0 _aRace, Culture and Mental Illness in the International Criminal Court’s Ongwen Judgment: Biases and Blindspots
_h[electronic resource] /
_cby Beth S. Lyons.
250 _a1st ed. 2024.
264 1 _aCham :
_bSpringer Nature Switzerland :
_bImprint: Palgrave Macmillan,
_c2024.
300 _aXXX, 133 p.
_bonline resource.
336 _atext
_btxt
_2rdacontent
337 _acomputer
_bc
_2rdamedia
338 _aonline resource
_bcr
_2rdacarrier
347 _atext file
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505 0 _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.
520 _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.
650 0 _aHuman rights.
_958427
650 0 _aPolitical science.
_958714
650 0 _aInternational law.
_958292
650 1 4 _aHuman Rights.
_958427
650 2 4 _aPolitics and Human Rights.
_967284
650 2 4 _aPolitics and International Studies.
_970610
650 2 4 _aPublic International Law.
_957414
650 2 4 _aSources and Subjects of International Law, International Organizations.
_967601
710 2 _aSpringerLink (Online service)
773 0 _tSpringer Nature eBook
776 0 8 _iPrinted edition:
_z9783031736827
776 0 8 _iPrinted edition:
_z9783031736841
776 0 8 _iPrinted edition:
_z9783031736858
856 4 0 _uhttps://doi.org/10.1007/978-3-031-73683-4
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