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The Laws and Principles of Secondary Liability

Edited by: Goeran Sluiter, Nancy Amoury Combs, Miles Jackson, Joanna Kyriakakis, Chantal Mak, Jens David Ohlin

ISBN13: 9781009685955
Published: October 2026
Publisher: Cambridge University Press
Country of Publication: UK
Format: Paperback
Price: Price on Application





In today's interconnected world, international crimes and serious human rights violations are rarely committed without the crucial support of secondary actors – be they individuals, corporations, or States. This is the first book to analyze how these secondary actors may be held legally responsible for contributing to such crimes. Drawing on a six-year international research collaboration, it brings together the work of 44 legal scholars to examine and compare diverse approaches to secondary liability across criminal law, civil law, human rights law, and State responsibility. Real-world examples – such as arms trading and financial support – illuminate the complex realities of complicity. The book stands out for its clear identification of legal concepts, its rigorous evaluation and comparison of existing laws against human rights and theoretical underpinnings, and its recommendations to recalibrate the law of secondary liability to bolster legal certainty and for the protection of human rights.

<>This title is also available as open access on Cambridge Core.

Contents:
Introduction

Part I. Theoretical Foundations of Secondary Liability:
1. Basic deontological conception of secondary liability
2. Consequentialist foundations for secondary liability
3. Critical moral theories
4. Overall conclusions and guideposts

Part II. Secondary Liability under International Human Rights Law:
5. Introduction
6. The obligation to hold complicit actors accountable under suppression conventions
7. The obligation to hold complicit actors accountable under human rights conventions
8. Regulating corporate conduct under IHRL
9. Limits to accountability of complicit actors under human rights law?
10. Overall conclusion and benchmarks

Part III. Secondary Liability in Criminal Law:
11. Introduction
12. Argentina
13. Canada
14. China
15. Egypt
16. France
17. Germany
18. International criminal tribunals
19. India
20. Iraq
21. Israel
22. Japan
23. The Netherlands
24. Russia
25. South Africa
26. United Kingdom
27. United States
28. General principles of secondary liability in criminal law
29. Overall conclusions and guideposts

Part IV. Secondary Liability in Civil Law:
30. Introduction to civil law and secondary liability
31. Argentina
32. Australia
33. Canada
34. China
35. Egypt
36. France
37. Germany
38. India
39. Iraq
40. Israel
41. The Netherlands
42. Russia
43. South Africa
44. United Kingdom
45. United States
46. Civil law and secondary liability: comparative reflections

Part V. State Responsibility and Secondary Liability:
47. State responsibility for complicity in the commission of international crimes, serious violations of human rights and mass atrocities
48. State responsibility for contributions not qualifying as complicity and the role of due diligence

Part VI. Corporate Human Rights Due Diligence Legislation:
49. Introduction
50. International history of due diligence: a north-south divide on the domain of legislation
51. Canada
52. Chile
53. India
54. Italy
55. Nigeria
56. The Netherlands
57. United Kingdom
58. Secondary liability and due diligence: comparative notes

Part VII. Conclusion:
59. Introduction
60. Theoretical framework
61. Human rights law framework
62. Criminal law and secondary liability
63. Civil law
64. State responsibility
65. Corporate human rights due diligence legislation