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Vol 21 No 9 Sept/Oct 2016

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Goode on Commercial Law

Edited by: Ewan McKendrick
Price: £170.00

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Making Sense of Mass Atrocity

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ISBN13: 9781107403185
Published: August 2011
Publisher: Cambridge University Press
Country of Publication: UK
Format: Paperback (Hardback 2009)
Price: £29.99
Hardback edition , ISBN13 9780521861854

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Genocide, crimes against humanity, and the worst war crimes are possible only when the state or other organisations mobilise and co-ordinate the efforts of many people. Responsibility for mass atrocity is always widely shared, often by thousands. Yet criminal law, with its liberal underpinnings, prefers to blame particular individuals for isolated acts. Is such law, therefore, constitutionally unable to make any sense of the most catastrophic conflagrations of our time? Drawing on the experience of several prosecutions, this 2009 book both trenchantly diagnoses the law's limits at such times and offers a spirited defence of its moral and intellectual resources for meeting the vexing challenge of holding anyone criminally accountable for mass atrocity. Just as war criminals develop new methods of eluding law's historic grasp, so criminal law flexibly devises novel responses to their stratagems. Mark Osiel examines several such legal innovations in international jurisprudence and proposes still others.

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International Criminal Law
1. The challenge of prosecuting mass atrocity
Part I. Legal Rules and Their Problems
2. The responsibility of superiors
3. Participating in a criminal enterprise
4. Defining the criminal enterprise
Part II. The Political Context of Legal Choice
5. Must national prosecutions serve global concerns?
6. The conflicting incentives of national and international prosecutors
Part III. New Possibilities and Solutions
7. The bureaucracy of murder
8. Collective sanctions for collective wrong
9. The collective responsibility of military officers
10. Being economical with amnesty.