Secondary Liability In International Criminal Law
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Secondary Liability In International Criminal Law
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Author : Flavio Noto
language : en
Publisher: Dike Publishers
Release Date : 2013
Secondary Liability In International Criminal Law written by Flavio Noto and has been published by Dike Publishers this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013 with Accomplices categories.
Notions such as complicity, accessory liability, as well as aiding and abetting frequently appear in international criminal law. This study focuses on the relevant legal issues concerning secondary liability as a mode of individual criminal responsibility. The first section of the book looks into the distinction between primary and secondary liability, the nature of secondary liability, and the approaches to prevent secondary liability from being over-inclusive. Additional sections analyze the body of law that has been shaped by the trials conducted in the aftermath of World War II, the trials that have emerged from the ad hoc tribunals for the crimes committed in the former Yugoslavia (ICTY) and Rwanda (ICTR), and the trials which has been created by the EU Member States to the Rome Statute of the International Criminal Court (ICC). The main questions asked are: How does secondary liability relate to a system of perpetration and participation? How is it distinguished from other modes of liability? What are its actus reus and mens rea elements? Particular emphasis has been laid on the substantial and direct effect requirements, as well as on the notion of purposive facilitation. (Series: International Criminal Law - Vol. 3)
Towards Corporate Liability In International Criminal Law
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Author : Desislava Stoitchkova
language : en
Publisher:
Release Date : 2010
Towards Corporate Liability In International Criminal Law written by Desislava Stoitchkova and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010 with Business & Economics categories.
Originally presented as the author's thesis (Ph.D.)--Utrecht University, 2010.
Principled International Criminal Justice
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Author : Mark Findlay
language : en
Publisher: Routledge
Release Date : 2018-07-11
Principled International Criminal Justice written by Mark Findlay and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-07-11 with Law categories.
Commencing its search for a principled international criminal justice, this book argues that the Preamble to the Rome Statute requires a very different notion of justice than that which would be expected in domestic jurisdictions. This thinking necessitates theorising what international criminal justice requires in terms of its legitimacy much more than normative invocations, which in their unreality can endanger the satisfaction of two central concerns – the punitive and the harm-minimisation dimensions. The authors suggest that because of the unique nature and form of the four global crimes, pre-existing proof technologies are failing prosecutors and judges, forcing the development of an often unsustainable line of judicial reasoning. The empirical focus of the book is to look at JCE (joint criminal enterprise) and aiding and abetting as case-studies in the distortion of proof tests. The substantial harm focus of ICJ (international criminal justice) invites applying compatible proof technologies from tort (causation, aggregation, and participation). The book concludes by examining recent developments in corporate criminal liability and criminalising associations, radically asserting that even in harmonising/hybridising international criminal law there resides a new and rational vision for the juridical project of international criminal justice.
The Relationship Between State And Individual Responsibility For International Crimes
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Author : Béatrice I. Bonafè
language : en
Publisher: BRILL
Release Date : 2009
The Relationship Between State And Individual Responsibility For International Crimes written by Béatrice I. Bonafè and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009 with Law categories.
This book offers a unique comparison between state and individual responsibility for international crimes and examines the theories that can explain the relationship between these two regimes. The study provides a comprehensive and systematic analysis of the relevant international practice from the standpoint of both international criminal law, and in particular the case law of international criminal tribunals, and state responsibility. The author shows the various connections and issues arising from the parallel establishment of state and individual responsibility for the commission of the same international crimes. These connections indicate a growing need to better co-ordinate these regimes of international responsibility. The author maintains that a general conception, according to which state and individual responsibility are two separate sets of secondary rules attached to the breach of the same primary norms, can help to solve the various issues relating to this dual responsibility. This conception of the complementarity between state and individual responsibility justifies co-ordination and consistent application of these two different regimes, each of which aims to foster compliance with the most important obligations owed to the international community as a whole.
Translating Guilt
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Author : Cassandra Steer
language : en
Publisher: Springer
Release Date : 2017-02-26
Translating Guilt written by Cassandra Steer and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-02-26 with Law categories.
This book seeks to understand how and why we should hold leaders responsible for the collective mass atrocities that are committed in times of conflict. It attempts to untangle the debates on modes of liability in international criminal law (ICL) that have become truly complex over the last twenty years, and to provide a way to identify the most appropriate model for leadership liability. A unique comparative theory of ICL is offered, which clarifies the way in which ICL develops as a patchwork of different domestic criminal law notions. This theory forms the basis for the comparison of some influential domestic criminal law systems, with a view to understanding the policy and cultural reasons for their differences. There is a particular focus on the background of the German law which has influenced the International Criminal Court so much recently. This helps to understand, and seek a solution to, the current impasses in the debates on which model of liability should be applied. An entire chapter of the book is devoted to considering why leaders should be held responsible for crimes committed by their subordinates, from legal, moral and pragmatic perspectives. The moral responsibility of leaders is translated into criminal liability, and the different domestic models of liability are translated to the international context, in such a way as to appeal to advanced students of ICL, academics, and practitioners who want to understand the complexities of leadership liability in international criminal law today and identify the best way to approach it. Cassandra Steer is Executive Director of Women in International Security Canada, and Junior Wainwright Fellow at McGill University, Canada. She holds a Ph.D. in Law from the University of Amsterdam, The Netherlands.
Individual Criminal Liability For The International Crime Of Aggression
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Author : Gerhard Kemp
language : en
Publisher:
Release Date : 2016
Individual Criminal Liability For The International Crime Of Aggression written by Gerhard Kemp and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016 with Aggression (International law) categories.
Perpetrators And Accessories In International Criminal Law
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Author : Neha Jain
language : en
Publisher: Bloomsbury Publishing
Release Date : 2014-12-01
Perpetrators And Accessories In International Criminal Law written by Neha Jain and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-12-01 with Law categories.
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.
Modes Of Liability In International Criminal Law
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Author : Jérôme de Hemptinne
language : en
Publisher: Cambridge University Press
Release Date : 2019-07-11
Modes Of Liability In International Criminal Law written by Jérôme de Hemptinne and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-07-11 with Law categories.
Presently, many of the greatest debates and controversies in international criminal law concern modes of liability for international crimes. The state of the law is unclear, to the detriment of accountability for major crimes and of the uniformity of international criminal law. The present book aims at clarifying the state of the law and provides a thorough analysis of the jurisprudence of international courts and tribunals, as well as of the debates and the questions these debates have left open. Renowned international criminal law scholars analyze, in discrete chapters, the modes of liability one by one; for each mode they identify the main trends in the jurisprudence and the main points of controversy. An introduction addresses the cross-cutting issues, and a conclusion anticipates possible evolutions that we may see in the future. The research on which this book is based was undertaken with the Geneva Academy.
An Introduction To The Law Of International Criminal Tribunals
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Author : Geert-Jan Knoops
language : en
Publisher: Martinus Nijhoff Publishers
Release Date : 2014-09-12
An Introduction To The Law Of International Criminal Tribunals written by Geert-Jan Knoops and has been published by Martinus Nijhoff Publishers this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-09-12 with Law categories.
The author offers an overview of the most important topics and developments in international criminal law, which are essential to everyone studying and practicing ICL.
Returning To Complicity For Core International Crimes
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Author : Marina Aksenova
language : en
Publisher: Torkel Opsahl Academic EPublisher
Release Date : 2014-05-29
Returning To Complicity For Core International Crimes written by Marina Aksenova and has been published by Torkel Opsahl Academic EPublisher this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-05-29 with Law categories.