How Should Judges Consider Cultural Concepts in International Criminal Law?

Research from Assistant Professor Ligeia Quackelbeen at Tilburg University examines how international criminal courts categorize cultural practices such as forced marriage, revealing issues with current legal approaches. Using a landmark case as a primary example, the analysis demonstrates how judges rely on rigid checklist-based reasoning that fails to adequately consider cultural contexts. The research examines the benefits of adopting prototype theory from cognitive science to enable more culturally sensitive legal interpretations that better understand local practices rather than applying generic Western-centered definitions.