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Perpetrators and Accessories in International Criminal Law: Individual Modes of Responsibility for Collective Crimes


ISBN13: 9781849464550
Published: May 2014
Publisher: Hart Publishing
Country of Publication: UK
Format: Hardback
Price: £60.00
Paperback edition , ISBN13 9781509907397



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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.

Subjects:
International Criminal Law
Contents:
Acknowledgements
Table of Cases
Table of Statutes and International Instruments
1. Introduction

Part One: Modes of Participation in International Criminal Law
2. The Origins of Individual Responsibility in International Criminal Law
3. Elements of Joint Criminal Enterprise at the ICTY
4. Variants of JCE and Other Forms of Commission at the Ad Hoc Tribunals
5. ‘Perpetration’ at the International Criminal Court

Part Two: The Principal in International Criminal Law
6. The Principal in English Criminal Law Theory
7. The Principal in German Criminal Law Theory
8. A Theory of Perpetration for International Crimes

Part Three: The Limits of Accessorial Responsibility for International Crimes
9. The Accessory in English Criminal Law Theory
10. The Accessory in German Criminal Law Theory
11. Joint Criminal Enterprise Liability for International Crimes
12. Conclusion

Bibliography
Index