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Perpetrators And Accessories In International Criminal Law

Author: Neha Jain
Publisher: Bloomsbury Publishing
ISBN: 1782254099
Size: 62.21 MB
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International criminal law lacks a coherent account of individual responsibility. This failure is due to the inability of international tribunals to capture the distinctive nature of individual responsibility for crimes that are collective by their very nature. Specifically, they have misunderstood the nature of the collective action or framework that makes these crimes possible, and for which liability may be attributed to intellectual authors, policy makers and leaders. In this book, the author draws on insights from comparative law and methodology to propose doctrines of perpetration and secondary responsibility that reflect the role and function of high-level participants in mass atrocity, while simultaneously situating them within the political and social climate which renders these crimes possible. This new doctrine is developed through a novel approach which combines and restructures divergent theoretical perspectives on attribution of responsibility in English and German domestic criminal law, as major representatives of the common law and civil law systems. At the same time, it analyses existing theories of responsibility in international criminal law and assesses whether there is any justification for their retention by international criminal tribunals.

Theories Of Co Perpetration In International Criminal Law

Author: Lachezar D. Yanev
Publisher: BRILL
ISBN: 9004357505
Size: 41.47 MB
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This book provides a refined definition of co-perpetration responsibility that could be uniformly applied in both the ad hoc- and the treaty-based (ICC Rome Statue) model of international criminal justice.

Research Handbook On The International Penal System

Author: Róisín Mulgrew
Publisher: Edward Elgar Publishing
ISBN: 1783472162
Size: 18.85 MB
Format: PDF
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Drawing on the expertise and experience of contributors from a wide range of academic, professional and judicial backgrounds, this handbook critically analyses the laws, policies and practices that govern detention, punishment and the enforcement of sentences in the international criminal justice context. Comprehensive and innovative, it also explores broader normative questions related to international punishment and makes recommendations for the international penal system's development.

Critical Approaches To International Criminal Law

Author: Christine Schwöbel
Publisher: Routledge
ISBN: 1317929217
Size: 11.90 MB
Format: PDF, ePub, Docs
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Drawing on the critical legal tradition, the collection of international scholars gathered in this volume analyse the complicities and limitations of International Criminal Law. This area of law has recently experienced a significant surge in scholarship and public debate; individual criminal accountability is now firmly entrenched in both international law and the international consciousness as a necessary mechanism of responsibility. Critical Approaches to International Criminal Law: An Introduction shifts the debate towards that which has so far been missing from the mainstream discussion: the possible injustices, exclusions, and biases of International Criminal Law. This collection of essays is the first dedicated to the topic of critical approaches to international criminal law. It will be a valuable resource for scholars and students of international criminal law, international law, international legal theory, criminal law, and criminology.

Collective Violence And International Criminal Justice

Author: Alette Smeulers
Publisher: Intersentia Uitgevers N V
ISBN: 9789400000995
Size: 10.60 MB
Format: PDF
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Extreme forms of collective violence - such as genocide, crimes against humanity, and war crimes - can endanger international peace and security. The international criminal justice system has been set up in order to prosecute these crimes and thus to restore international peace and security. These crimes are, however, extremely complex social phenomena and it takes an inter- and multidisciplinary approach to understand the true nature of this type of criminality and to effectively prosecute the perpetrators thereof. This book enhances our knowledge of these complex phenomena and thus contributes to a better and more effective system of international criminal justice. Scholars from many different scientific disciplines - such as law, criminology, political science, psychology, research methodology, and information technology - as well as practitioners from within the field, have contributed to this book. General themes include: What kind of people are perpetrators of collective violence? How can we attribute criminal responsibility to individuals for crimes which are collective in nature? How can we study these crimes and how can we discover patterns of violence? What role can statistics play when holding individuals accountable? How do we develop strategies of prosecution? What difficulties do prosecutors and judges face? How important and useful is the International Criminal Court Case Matrix? These are just a few of the many questions addressed in the book.

A Critical Introduction To International Criminal Law

Author: Carsten Stahn
Publisher: Cambridge University Press
ISBN: 1108423205
Size: 76.42 MB
Format: PDF
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Presents theories, practices and critiques alongside each other to engage students, scholars and professionals from multiple fields. This title is also available as Open Access on Cambridge Core.

Individual Criminal Responsibility For Core International Crimes

Author: Ciara Damgaard
Publisher: Springer Science & Business Media
ISBN: 354078781X
Size: 64.69 MB
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1.1 Opening Remarks and Objectives Crimes against international law are committed by men, not by abstract entities, and only by punishing individuals who commit such crimes can the provisions of international law 2 be enforced. This is, perhaps, the most renowned citation from the judgment of the Int- national Military Tribunal at Nuremberg (“IMT”). In the six decades which have passed since the IMT judgment was handed down, the recognition of the c- cept of individual criminal responsibility for core international crimes has been significantly reinforced and developed, particularly since the establishment of the International Criminal Tribunal for the Former Yugoslavia (“ICTY”) and the International Criminal Tribunal for Rwanda (“ICTR”) in the 1990’s and most recently the International Criminal Court (“ICC”). The media has, of course, played a crucial role in increasing awareness of this concept, especially amongst the general populace. Indeed, the concept has, arguably, a much higher profile today, than ever before in its history. However, the concept of individual criminal responsibility for core inter- tional crimes is neither as straightforward nor as single-facetted, as might appear on first glance. While the general principle behind the concept does not generate too many difficulties, it is in its practical application that the more challenging aspects of the concept are brought to the fore. Each of these ‘challenging - pects’ can also be described as a ‘pertinent issue’ of the concept of individual criminal responsibility for core international crimes.

Law War And Crime

Author: Gerry J. Simpson
Publisher: John Wiley & Sons
ISBN: 0745657311
Size: 46.22 MB
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From events at Nuremberg and Tokyo after World War II, to the recent trials of Slobodan Milošević and Saddam Hussein, war crimes trials are an increasingly pervasive feature of the aftermath of conflict. In his new book, Law, War and Crime, Gerry Simpson explores the meaning and effect of such trials, and places them in their broader political and cultural contexts. The book traces the development of the war crimes field from its origins in the outlawing of piracy to its contemporary manifestation in the establishment of the International Criminal Court in The Hague. Simpson argues that the field of war crimes is constituted by a number of tensions between, for example, politics and law, local justice and cosmopolitan reckoning, collective guilt and individual responsibility, and between the instinct that war, at worst, is an error and the conviction that war is a crime. Written in the wake of an extraordinary period in the life of the law, the book asks a number of critical questions. What does it mean to talk about war in the language of the criminal law? What are the consequences of seeking to criminalise the conduct of one's enemies? How did this relatively new phenomenon of putting on trial perpetrators of mass atrocity and defeated enemies come into existence? This book seeks to answer these important questions whilst shedding new light on the complex relationship between law, war and crime.

Complicity In International Criminal Law

Author: Marina Aksenova
Publisher: Hart Publishing
ISBN: 9781509928903
Size: 62.32 MB
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This book tackles one of the most contentious aspects of international criminal law - the modes of liability. At the heart of the discussion is the quest for balance between the accused's individual contribution and the collective nature of mass offending. The principle of legality demands that there exists a well-defined link between the crime and the person charged with it. This is so even in the context of international offending, which often implies 'several degrees of separation' between the direct perpetrator and the person who authorises the atrocity. The challenge is to construct that link without jeopardising the interests of justice.This monograph provides the first comprehensive treatment of complicity within the discipline and beyond. Extensive analysis of the pertinent statutes and jurisprudence reveals gaps in interpreting accessorial liability. Simultaneously, the study of complicity becomes a test for the general methods and purposes of international criminal law. The book exposes problems with the sources of law and demonstrates the absence of clearly defined sentencing and policy rationales, which are crucial tools in structuring judicial discretion.

Elements Of Accessorial Modes Of Liability

Author: Sarah Finnin
Publisher: Martinus Nijhoff Publishers
ISBN: 9004228071
Size: 67.31 MB
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This volume continues the work of the Preparatory Commission of the International Criminal Court by developing ‘elements’ for ordering, instigating and aiding and abetting the commission of international crimes under Article 25(3)(b) and (c) of the Rome Statute.