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Books > Law > International law > International criminal law
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Complicity in International Law (Hardcover)
Loot Price: R3,413
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Complicity in International Law (Hardcover)
Series: Oxford Monographs in International Law
Expected to ship within 12 - 17 working days
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This book examines how international law prohibits state and
individual complicity. Complicity is a derivative form of
responsibility that links an accomplice to the wrongdoing of a
principal actor. Whenever a legal system prohibits complicity, it
must address certain questions as to the content and structure of
the rules. To understand how international law answers these
questions, this book proposes an analytical framework in which
complicity rules may be assessed and defends a normative claim as
to how they should be structured. Anchored by this framework and
normative claim, this book shows that international criminal law
regulates individual complicity in a comprehensive way, using the
doctrines of instigation and aiding and abetting to inculpate
complicit participants in international crimes. By contrast,
international law's regulation of state complicity was historically
marked by an absence of complicity rules. This is changing. In
respect of state complicity in the wrongdoing of another state,
international law now imposes both specific and general complicity
obligations, the latter prohibiting states from aiding or assisting
another state in the commission of any internationally wrongful
act. In respect of the ways that states participate in harms caused
by non-state actors, the traditional normative structure of
international law, which imposed obligations only on states,
foreclosed the possibility of prohibiting the state's participation
as a form of complicity. As that traditional normative structure
has evolved, so the possibility of holding states responsible for
complicity in the wrongdoing of non-state actors has emerged. More
and more, both the wrongs that international actors commit, and the
wrongs they help or encourage others to commit, matter.
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