Perpetrators and accessories in international criminal law : individual modes of responsibility for collective crimes / Neha Jain.

Format:

Book

Author/Creator:

Jain, Neha, author.

Language:

English

Subjects (All):

Accomplices.

Criminal liability (International law).

International criminal law.

Principals (Criminal law).

Physical Description:

1 online resource (252 p.)

Place of Publication:

Oxford ; Portland, Oregon : Hart Publishing, 2014.

Language Note:

English

Summary:

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

Contents:

The origins of individual responsibility in international criminal law

Elements of joint criminal enterprise at the ICTY

Variants of JCE and other forms of commission at the ad hod tribunals

'Perpetration' at the International Criminal Court

The principal in English criminal law theory

The principal in German criminal law theory

A theory of perpetration for international crimes

The accessory in English criminal law theory

The accessory in German criminal law theory

Joint criminal enterprise liability for international crimes.

Notes:

Description based upon print version of record.

Includes bibliographical references (pages 211-221) and index.

ISBN:

9781509907397

1509907394

9781474201711

1474201717

9781782254096

1782254099

OCLC:

1154943012