System criminality in international law / editors, Harmen van der Wilt and André Nollkaemper ; assistant editors, Menno Dolman and Jann Kleffner.

Format:

Book

Contributor:

Wilt, Harmen van der, 1955- editor.

Nollkaemper, André, editor.

Dolman, M. M. (Menno M.), editor.

Kleffner, Jann K., editor.

Language:

English

Subjects (All):

Criminal jurisdiction.

International crimes.

Physical Description:

1 online resource (xxxv, 364 pages) : digital, PDF file(s)

Place of Publication:

Cambridge : Cambridge University Press, 2009.

System Details:

text file

PDF

Summary:

International crimes, such as crimes against humanity, genocide and war crimes, are committed by individuals. However, individuals rarely commit such crimes for their own profit. Instead, such crimes are often caused by collective entities. Notable examples include the 'dirty war' in Argentina in the 1970s and 1980s, the atrocities committed during the Balkan Wars in the early 1990s and the crimes committed during the ongoing armed conflicts in the Darfur area in Sudan. Referring to Darfur, the Prosecutor of the ICC noted in 2008 that, although he had indicted a few individuals, 'the information gathered points to an ongoing pattern of crimes committed with the mobilisation of the whole state apparatus'. This book reviews the main legal avenues that are available within the international legal order to address the increasingly important problem of system criminality and identifies possible improvements.

Contents:

Introduction / André Nollkaemper

The policy context of international crimes / Herbert C. Kelman

Why corporations kill and get away with it : the failure of law to cope with crime in organizations / Maurice Punch

Men and abstract entities : individual responsibility and collective guilt in international criminal law / Gerry Simpson

A historical perspective : from collective to individual responsibility and back / Andrea Gattini

Command responsibility and Organisationsherrschaft : ways of attributing international crimes to the 'most responsible' / Kai Ambos

Joint criminal enterprise and functional perpetration / Harmen van der Wilt

System criminality at the ICTY / Elies van Sliedregt

Criminality of organizations under international law / Nina H.B. Jørgensen

Criminality of organizations : lessons from domestic law : a comparative perspective / Albin Eser in cooperation with Felix Rettenmaier

The collective accountability of organized armed groups for system crimes / Jann K. Kleffner

Assumptions and presuppositions : state responsibility for system crimes / Iain Scobbie

State responsibility for international crimes / A. Zimmermann and M. Teichmann

Responses of political organs to crimes by states / Nigel D. White

Conclusions and outlook / André Nollkaemper and Harmen van der Wilt.

Notes:

Title from publisher's bibliographic system (viewed on 05 Oct 2015).

Other Format:

Print version:

ISBN:

9780511596650

Access Restriction:

Restricted for use by site license.