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Translating Guilt - Identifying Leadership Liability for Mass Atrocity Crimes (Hardcover, 1st ed. 2017)
Loot Price: R4,760
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Translating Guilt - Identifying Leadership Liability for Mass Atrocity Crimes (Hardcover, 1st ed. 2017)
Series: International Criminal Justice Series, 9
Expected to ship within 10 - 15 working days
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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.
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