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Author : Barry de Vries
Publisher : BRILL
Page : 301 pages
File Size : 50,6 Mb
Release : 2023-02-27
Category : Law
ISBN : 9789004524316
In this book Barry de Vries provides an in-depth doctrinal consideration of the issue of individual responsibility for autonomous weapons.
Author : Mauri, Diego
Publisher : Edward Elgar Publishing
Page : 304 pages
File Size : 43,9 Mb
Release : 2022-05-24
Category : Law
ISBN : 9781802207675
This book aims to understand how public organizations adapt to and manage situations characterized by fluidity, ambiguity, complexity and unclear technologies, thus exploring public governance in times of turbulence.
Author : Shane Darcy
Publisher : BRILL
Page : 424 pages
File Size : 54,8 Mb
Release : 2007-03-30
Category : Law
ISBN : 9789047431282
Collective Responsibility and Accountability under International Law examines the extent to which the basic principle of individual responsibility accommodates liability for the acts of others. It examines the debates and legal developments surrounding collective responsibility under international law. The philosophical debates on collective responsibility provide an introduction to the examination of whether collective responsibility is ever appropriate or even lawful under international law. As the international criminal justice project begins to flourish, it is of paramount importance that the extent of the potential liability of individuals for the acts of others is clarified and held up to rigorous scrutiny. It is of equal importance that there is a clear understanding of whether the means of responding to ongoing violations of international humanitarian law can include measures based on collective responsibility. Global events have created an impetus for the parameters of responsibility to be clearly defined. The rise of non-State actors within the international legal regime raises complex questions surrounding their status, power and the means for holding them accountable.
Author : Ciara Damgaard
Publisher : Springer Science & Business Media
Page : 461 pages
File Size : 40,7 Mb
Release : 2008-08-02
Category : Law
ISBN : 9783540787815
1.1 Opening Remarks and Objectives Crimes against international law are committed by men, not by abstract entities, and only by punishing individuals who commit such crimes can the provisions of international law 2 be enforced. This is, perhaps, the most renowned citation from the judgment of the Int- national Military Tribunal at Nuremberg (“IMT”). In the six decades which have passed since the IMT judgment was handed down, the recognition of the c- cept of individual criminal responsibility for core international crimes has been significantly reinforced and developed, particularly since the establishment of the International Criminal Tribunal for the Former Yugoslavia (“ICTY”) and the International Criminal Tribunal for Rwanda (“ICTR”) in the 1990’s and most recently the International Criminal Court (“ICC”). The media has, of course, played a crucial role in increasing awareness of this concept, especially amongst the general populace. Indeed, the concept has, arguably, a much higher profile today, than ever before in its history. However, the concept of individual criminal responsibility for core inter- tional crimes is neither as straightforward nor as single-facetted, as might appear on first glance. While the general principle behind the concept does not generate too many difficulties, it is in its practical application that the more challenging aspects of the concept are brought to the fore. Each of these ‘challenging - pects’ can also be described as a ‘pertinent issue’ of the concept of individual criminal responsibility for core international crimes.
Author : Dan Saxon
Publisher : University of Pennsylvania Press
Page : 260 pages
File Size : 42,7 Mb
Release : 2021-12-03
Category : Law
ISBN : 9780812253559
"This book addresses the relationship between lethal autonomous weapon systems, human dignity, and international law. Its central thesis is that the delegation of human responsibility for moral judgments to lethal autonomous weapon systems erodes human dignity and, consequently, international law"--
Author : Ezio Di Nucci,Filippo Santoni de Sio
Publisher : Routledge
Page : 222 pages
File Size : 50,5 Mb
Release : 2016-07-01
Category : Technology & Engineering
ISBN : 9781317147787
How does the use of military drones affect the legal, political, and moral responsibility of different actors involved in their deployment and design? This volume offers a fresh contribution to the ethics of drone warfare by providing, for the first time, a systematic interdisciplinary discussion of different responsibility issues raised by military drones. The book discusses four main sets of questions: First, from a legal point of view, we analyse the ways in which the use of drones makes the attribution of criminal responsibility to individuals for war crimes more complicated and what adjustments may be required in international criminal law and in military practices to avoid ’responsibility gaps’ in warfare. From a moral and political perspective, the volume looks at the conditions under which the use of military drones by states is impermissible, permissible, or even obligatory and what the responsibilities of a state in the use of drones towards both its citizens and potential targets are. From a socio-technical perspective, what kind of new human machine interaction might (and should) drones bring and which new kinds of shared agency and responsibility? Finally, we ask how the use of drones changes our conception of agency and responsibility. The book will be of interest to scholars and students in (military) ethics and to those in law, politics and the military involved in the design, deployment and evaluation of military drones.
Author : Laura Ausserladscheider Jonas
Publisher : BRILL
Page : 256 pages
File Size : 53,5 Mb
Release : 2021-12-28
Category : Law
ISBN : 9789004470934
Anchored by the normative framework, this book aims to clarify the basis for individual criminal liability for persons who finance entities that perpetrate core crimes. The objective of this monograph is to clarify the rules to enable international courts and tribunals to identify the extent to which individual criminal liability attaches to the financing of core crimes, as well as the legal basis for such liability. By clarifying the criminal liability of individual who finance entities that perpetrate core crimes, this book also seeks to clarify the mental elements of the mode of liability of aiding and abetting. This is achieved through a thorough analysis of the applicable rules in the international arena, as well as through the comparative analysis.
Author : Beatrice Bonafè
Publisher : BRILL
Page : 296 pages
File Size : 50,8 Mb
Release : 2009-02-23
Category : Law
ISBN : 9789047426776
This book offers a unique comparison between state and individual responsibility for international crimes and examines the theories that can explain the relationship between these two regimes. The study provides a comprehensive and systematic analysis of the relevant international practice from the standpoint of both international criminal law, and in particular the case law of international criminal tribunals, and state responsibility. The author shows the various connections and issues arising from the parallel establishment of state and individual responsibility for the commission of the same international crimes. These connections indicate a growing need to better co-ordinate these regimes of international responsibility. The author maintains that a general conception, according to which state and individual responsibility are two separate sets of secondary rules attached to the breach of the same primary norms, can help to solve the various issues relating to this dual responsibility. This conception of the complementarity between state and individual responsibility justifies co-ordination and consistent application of these two different regimes, each of which aims to foster compliance with the most important obligations owed to the international community as a whole.
Author : Stuart Maslen,Nathalie Weizmann,Maziar Homayounnejad,Hilary Stauffer
Publisher : BRILL
Page : 267 pages
File Size : 49,8 Mb
Release : 2018-08-16
Category : Law
ISBN : 9789004363267
Drone strikes have become a key feature of counterterrorism operations in an increasing number of countries. This work explores the various domestic and international legal regimes that govern the manufacture, transfer, and use of armed drones as well as fully autonomous weapons systems where computer algorithms decide who or what to target and when to fire.
Author : Gerhard Werle,Florian Jessberger
Publisher : Oxford University Press, USA
Page : 711 pages
File Size : 45,7 Mb
Release : 2014
Category : Law
ISBN : 9780198703600
Principles of International Criminal Law is one of the leading textbooks in the field. This third edition builds on the highly-successful work of the previous editions, setting out the general principles governing international crimes as well as the fundamentals of both substantive and procedural international criminal law.
Author : Nehal Bhuta,Susanne Beck,Robin Geiβ
Publisher : Cambridge University Press
Page : 421 pages
File Size : 49,9 Mb
Release : 2016-09
Category : Law
ISBN : 9781107153561
This examination of the implications and regulation of autonomous weapons systems combines contributions from law, robotics and philosophy.
Author : E. van Sliedregt
Publisher : T.M.C. Asser Press
Page : 0 pages
File Size : 46,8 Mb
Release : 2003
Category : Law
ISBN : 9067045810
In this book, Elies van Sliedregt examines the concept of individual criminal responsibility for violations of international humanitarian law, including genocide, crimes against humanity and war crimes. Such crimes are very rarely committed by single individuals, but mostly by organizations or groups of cooperating persons. For a just determination of their guilt and responsibility, a fair assessment of the mutual relationships and cooperation forms of those individuals is indispensable. This book provides the framework for that assessment. It gives guidance to practitioners and scholars on how to understand and to apply international criminal law concepts such as 'common purpose', 'superior responsibility', 'duress' and the 'defence of superior orders'. It does so by bringing to light the roots of those concepts, which are hidden not only in earlier phases of development of international criminal law, but also in the domestic laws of various states. Elies van Sliedregt has received the Modderman Prize for criminal law 2006 for her dissertation The Criminal Responsibility of Individuals for Violations of International Humanitarian Law. This prestigious biennial prize is awarded by the Modderman foundation.
Author : Elies van Sliedregt
Publisher : OUP Oxford
Page : 376 pages
File Size : 44,7 Mb
Release : 2012-03-01
Category : Law
ISBN : 9780191627750
This book examines the concept of individual criminal responsibility for serious violations of international law, i.e. aggression, genocide, crimes against humanity and war crimes. Such crimes are rarely committed by single individuals. Rather, international crimes generally connote a plurality of offenders, particularly in the execution of the crimes, which are often orchestrated and masterminded by individuals behind the scene of the crimes who can be termed 'intellectual perpetrators'. For a determination of individual guilt and responsibility, a fair assessment of the mutual relationships between those persons is indispensable. By setting out how to understand and apply concepts such as joint criminal enterprise, superior responsibility, duress, and the defence of superior orders, this work provides a framework for that assessment. It does so by bringing to light the roots of these concepts, which lie not merely in earlier phases of development of international criminal law but also in domestic law and legal doctrine. The book also critically reflects on how criminal responsibility has been developed in the case law of international criminal tribunals and courts. It thus illuminates and analyses the rules on individual responsibility in international law.
Author : E. van Sliedregt
Publisher : T.M.C. Asser Press
Page : 438 pages
File Size : 53,9 Mb
Release : 2003-11-15
Category : Law
ISBN : 9067041661
In this book, Elies van Sliedregt examines the concept of individual criminal responsibility for violations of international humanitarian law, including genocide, crimes against humanity and war crimes. Such crimes are very rarely committed by single individuals, but mostly by organizations or groups of cooperating persons. For a just determination of their guilt and responsibility, a fair assessment of the mutual relationships and cooperation forms of those individuals is indispensable. This book provides the framework for that assessment. It gives guidance to practitioners and scholars on how to understand and to apply international criminal law concepts such as 'common purpose', 'superior responsibility', 'duress' and the 'defence of superior orders'. It does so by bringing to light the roots of those concepts, which are hidden not only in earlier phases of development of international criminal law, but also in the domestic laws of various states. Elies van Sliedregt has received the Modderman Prize for criminal law 2006 for her dissertation The Criminal Responsibility of Individuals for Violations of International Humanitarian Law. This prestigious biennial prize is awarded by the Modderman foundation.
Author : Curtis F. J. Doebbler
Publisher : Lulu.com
Page : 281 pages
File Size : 54,7 Mb
Release : 2007
Category : Law
ISBN : 9780974357034
This Introduction to International Criminal Law provides an understandable glimpse into the intricacies of the law. It is valuable to students, practitioners, and members of the general public who are seeking to acquire basic knowledge about the law. It is written by a practitioner of international criminal law who has also frequently taught university courses and given countless public lectures on this subject. The insights provided in this book combine the experience of practice with the communication skills of a seasoned academic. Unlike many other texts by western writers, this author gives special attention to the concerns of audiences in Africa, Latin America, the Middle East and Asia. International criminal law is presented as part of a strategy for achieving a world characterized by peaceful cooperation and respect for the basic values of human dignity.