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Books > Law > International law > International criminal law
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Perpetrators and Accessories in International Criminal Law - Individual Modes of Responsibility for Collective Crimes (Hardcover)
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Perpetrators and Accessories in International Criminal Law - Individual Modes of Responsibility for Collective Crimes (Hardcover)
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International criminal law lacks a coherent account of individual
responsibility. This failure is due to the inability of
international tribunals to capture the distinctive nature of
individual responsibility for crimes that are collective by their
very nature. Specifically, they have misunderstood the nature of
the collective action or framework that makes these crimes
possible, and for which liability may be attributed to intellectual
authors, policy makers and leaders. In this book, the author draws
on insights from comparative law and methodology to propose
doctrines of perpetration and secondary responsibility that reflect
the role and function of high-level participants in mass atrocity,
while simultaneously situating them within the political and social
climate which renders these crimes possible. This new doctrine is
developed through a novel approach which combines and restructures
divergent theoretical perspectives on attribution of responsibility
in English and German domestic criminal law, as major
representatives of the common law and civil law systems. At the
same time, it analyses existing theories of responsibility in
international criminal law and assesses whether there is any
justification for their retention by international criminal
tribunals.
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