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Making sense of mass atrocity / Mark Osiel.
- Format:
- Book
- Author/Creator:
- Osiel, Mark, author.
- Language:
- English
- Subjects (All):
- International crimes.
- Criminal liability (International law).
- Physical Description:
- 1 online resource (xviii, 257 pages) : digital, PDF file(s)
- Place of Publication:
- Cambridge : Cambridge University Press, 2009.
- System Details:
- text file
- Summary:
- Genocide, crimes against humanity, and the worst war crimes are possible only when the state or other organisations mobilise and co-ordinate the efforts of many people. Responsibility for mass atrocity is always widely shared, often by thousands. Yet criminal law, with its liberal underpinnings, prefers to blame 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 prosecutions, this book both trenchantly diagnoses the law's limits at such times and offers a spirited defence of its moral and intellectual resources for meeting the vexing challenge of holding anyone criminally accountable for mass atrocity. Just as 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 legal innovations in international jurisprudence and proposes still others.
- Contents:
- The challenge of prosecuting mass atrocity
- The responsibility of superiors
- Participating in a criminal enterprise
- Defining the criminal enterprise
- The bureaucracy of murder
- Culpability, character, and context in mass atrocity
- Must national prosecutions serve global concerns?
- The conflicting incentives of national and international prosecutors
- Collective sanctions for collective wrong
- The collective responsibility of military officers
- Being economical with amnesty.
- Notes:
- Title from publisher's bibliographic system (viewed on 05 Oct 2015).
- Other Format:
- Print version:
- ISBN:
- 9780511596575
- Access Restriction:
- Restricted for use by site license.
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