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Making Sense of Mass Atrocity (Paperback)
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Making Sense of Mass Atrocity (Paperback)
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Total price: R1,208
Discovery Miles: 12 080
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Who done it? is not the first question that comes to mind when one
seeks to make sense of mass atrocity. So brazen are the
leader-culprits in their apologetics for the harms, so wrenching
the human destruction clearly wrought, meticulously documented by
many credible sources. Yet in legal terms, mass atrocity remains
disconcertingly elusive. The perversity of its perpetrators is
polymorphic, impeding criminal courts from tracing true lines of
responsibility in ways intelligible through law s pre-existing
categories, designed with simpler stuff in mind.
Genocide, crimes against humanity, and the worst war crimes are
possible only when the state or other organizations mobilize and
coordinate the efforts of many people. Responsibility for mass
atrocity is therefore always widely shared, often by thousands. Yet
criminal law, with its liberal underpinnings, insists on blaming
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
recent prosecutions (both national and international), this book
trenchantly diagnoses law s limits at such times and offers a
spirited defense of its moral and intellectual resources for
meeting the vexing challenge of holding anyone criminally
accountable for mass atrocity. Just as today s 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 recent legal innovations in
international jurisprudence and proposes still others.
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