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Vol 23 No 5 May/June 2018

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The Criminal Responsibility of Individuals for Violations of International Humanitarian Law

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ISBN13: 9789067041669
ISBN: 9067041661
Published: March 2004
Publisher: T.M.C. Asser Press
Country of Publication: The Netherlands
Format: Hardback
Price: £83.00

Despatched in 7 to 9 days.

In this book, Elies van Sliedregt examines the concept of individual criminal responsibility for violations of international humanitarian law, including genocide, crimes against humanity and war crimes. Such crimes are very rarely committed by single individuals, but mostly by organizations or groups of cooperating persons. For a just determination of their guilt and responsibility, a fair assessment of the mutual relationships and cooperation forms of those individuals is indispensable. This book provides the framework for that assessment. It gives guidance to practitioners and scholars on how to understand and to apply international criminal law concepts such as 'common purpose', 'superior responsibility', 'duress' and the 'defence of superior orders'. It does so by bringing to light the roots of those concepts, which are hidden not only in earlier phases of development of international criminal law, but also in the domestic laws of various states.

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International Criminal Law
Attributing responsibility
Part I. Modes of Individual Responsibility: Introduction to Part I
1. Historical survey: collective criminality and individual responsibility
2. Perpetration and participation
Evaluation Part I
Part II. Superior Responsibility: Introduction to Part II
3. Historical survey: a few leading cases
4. Superior responsibility at the tribunals and the ICC
5. The concept of superior responsibility
Evaluation Part II. Averting Responsibility: Part III. Defences: Introduction to Part III
6. Grounds for excluding criminal responsibility
7. The defence of mistake and of superior orders
Evaluation Part III. A System of Responsibility: Epilogue
Nederlandse Samenvatting
Table of cases
Table of documents