Modes Of Liability In International Criminal Law

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Modes of Liability in International Criminal Law

Jérôme de Hemptinne,Robert Roth,Elies van Sliedregt,Marjolein Cupido,Manuel J. Ventura,Lachezar Yanev
Modes of Liability in International Criminal Law Book PDF

Author : Jérôme de Hemptinne,Robert Roth,Elies van Sliedregt,Marjolein Cupido,Manuel J. Ventura,Lachezar Yanev
Publisher : Cambridge University Press
Page : 0 pages
File Size : 42,8 Mb
Release : 2019-07-11
Category : Law
ISBN : 1108492177

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Modes of Liability in International Criminal Law by Jérôme de Hemptinne,Robert Roth,Elies van Sliedregt,Marjolein Cupido,Manuel J. Ventura,Lachezar Yanev Pdf

Presently, many of the greatest debates and controversies in international criminal law concern modes of liability for international crimes. The state of the law is unclear, to the detriment of accountability for major crimes and of the uniformity of international criminal law. The present book aims at clarifying the state of the law and provides a thorough analysis of the jurisprudence of international courts and tribunals, as well as of the debates and the questions these debates have left open. Renowned international criminal law scholars analyze, in discrete chapters, the modes of liability one by one; for each mode they identify the main trends in the jurisprudence and the main points of controversy. An introduction addresses the cross-cutting issues, and a conclusion anticipates possible evolutions that we may see in the future. The research on which this book is based was undertaken with the Geneva Academy.

Modes of Liability in International Criminal Law

Marjolein Cupido,Manuel J. Ventura,Lachezar Yanev
Modes of Liability in International Criminal Law Book PDF

Author : Marjolein Cupido,Manuel J. Ventura,Lachezar Yanev
Publisher : Cambridge University Press
Page : 128 pages
File Size : 50,6 Mb
Release : 2019-07-11
Category : Law
ISBN : 9781108590150

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Modes of Liability in International Criminal Law by Marjolein Cupido,Manuel J. Ventura,Lachezar Yanev Pdf

Presently, many of the greatest debates and controversies in international criminal law concern modes of liability for international crimes. The state of the law is unclear, to the detriment of accountability for major crimes and of the uniformity of international criminal law. The present book aims at clarifying the state of the law and provides a thorough analysis of the jurisprudence of international courts and tribunals, as well as of the debates and the questions these debates have left open. Renowned international criminal law scholars analyze, in discrete chapters, the modes of liability one by one; for each mode they identify the main trends in the jurisprudence and the main points of controversy. An introduction addresses the cross-cutting issues, and a conclusion anticipates possible evolutions that we may see in the future. The research on which this book is based was undertaken with the Geneva Academy.

Elements of Accessorial Modes of Liability

Sarah Finnin
Elements of Accessorial Modes of Liability Book PDF

Author : Sarah Finnin
Publisher : Martinus Nijhoff Publishers
Page : 268 pages
File Size : 55,9 Mb
Release : 2012-08-27
Category : Law
ISBN : 9789004228092

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Elements of Accessorial Modes of Liability by Sarah Finnin Pdf

This volume continues the work of the Preparatory Commission of the International Criminal Court by developing ‘elements’ for ordering, instigating and aiding and abetting the commission of international crimes under Article 25(3)(b) and (c) of the Rome Statute. The development of proposed elements for these accessorial modes of liability is necessary because while detailed elements for the substantive crimes within the jurisdiction of the Court were identified in the ‘Elements of Crimes’, no such elements were elaborated for the modes of liability in those crimes. The proposed elements in this volume break new ground and are designed to assist the ICC in applying the provisions of the Rome Statute to the cases before it for trial with consistency and accuracy.

Complicity in International Criminal Law

Marina Aksenova
Complicity in International Criminal Law Book PDF

Author : Marina Aksenova
Publisher : Bloomsbury Publishing
Page : 297 pages
File Size : 44,8 Mb
Release : 2016-12-15
Category : Law
ISBN : 9781509900091

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Complicity in International Criminal Law by Marina Aksenova Pdf

This book tackles one of the most contentious aspects of international criminal law – the modes of liability. At the heart of the discussion is the quest for balance between the accused's individual contribution and the collective nature of mass offending. The principle of legality demands that there exists a well-defined link between the crime and the person charged with it. This is so even in the context of international offending, which often implies 'several degrees of separation' between the direct perpetrator and the person who authorises the atrocity. The challenge is to construct that link without jeopardising the interests of justice. This monograph provides the first comprehensive treatment of complicity within the discipline and beyond. Extensive analysis of the pertinent statutes and jurisprudence reveals gaps in interpreting accessorial liability. Simultaneously, the study of complicity becomes a test for the general methods and purposes of international criminal law. The book exposes problems with the sources of law and demonstrates the absence of clearly defined sentencing and policy rationales, which are crucial tools in structuring judicial discretion. Awarded The Paul Guggenheim Prize in International Law 2017!

Theories of Co-perpetration in International Criminal Law

Lachezar D. Yanev
Theories of Co perpetration in International Criminal Law Book PDF

Author : Lachezar D. Yanev
Publisher : BRILL
Page : 654 pages
File Size : 55,6 Mb
Release : 2018-05-09
Category : Law
ISBN : 9789004357501

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Theories of Co-perpetration in International Criminal Law by Lachezar D. Yanev Pdf

This book provides a refined definition of co-perpetration responsibility that could be uniformly applied in both the ad hoc- and the treaty-based (ICC Rome Statue) model of international criminal justice.

The Relationship Between State and Individual Responsibility for International Crimes

Beatrice Bonafè
The Relationship Between State and Individual Responsibility for International Crimes Book PDF

Author : Beatrice Bonafè
Publisher : BRILL
Page : 296 pages
File Size : 44,8 Mb
Release : 2009-02-23
Category : Law
ISBN : 9789047426776

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The Relationship Between State and Individual Responsibility for International Crimes by Beatrice Bonafè Pdf

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.

The African Court of Justice and Human and Peoples' Rights in Context

Charles C. Jalloh,Kamari M. Clarke,Vincent O. Nmehielle
The African Court of Justice and Human and Peoples Rights in Context Book PDF

Author : Charles C. Jalloh,Kamari M. Clarke,Vincent O. Nmehielle
Publisher : Cambridge University Press
Page : 1199 pages
File Size : 43,8 Mb
Release : 2019-05-16
Category : History
ISBN : 9781108422734

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The African Court of Justice and Human and Peoples' Rights in Context by Charles C. Jalloh,Kamari M. Clarke,Vincent O. Nmehielle Pdf

This volume analyses the prospects and challenges of the African Court of Justice and Human and Peoples' Rights in context. The book is for all readers interested in African institutions and contemporary global challenges of peace, security, human rights, and international law. This title is also available as Open Access on Cambridge Core.

Secondary Liability in International Criminal Law

Flavio Noto
Secondary Liability in International Criminal Law Book PDF

Author : Flavio Noto
Publisher : Dike Publishers
Page : 0 pages
File Size : 49,8 Mb
Release : 2013
Category : Accomplices
ISBN : 3037515597

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Secondary Liability in International Criminal Law by Flavio Noto Pdf

Notions such as complicity, accessory liability, as well as aiding and abetting frequently appear in international criminal law. This study focuses on the relevant legal issues concerning secondary liability as a mode of individual criminal responsibility. The first section of the book looks into the distinction between primary and secondary liability, the nature of secondary liability, and the approaches to prevent secondary liability from being over-inclusive. Additional sections analyze the body of law that has been shaped by the trials conducted in the aftermath of World War II, the trials that have emerged from the ad hoc tribunals for the crimes committed in the former Yugoslavia (ICTY) and Rwanda (ICTR), and the trials which has been created by the EU Member States to the Rome Statute of the International Criminal Court (ICC). The main questions asked are: How does secondary liability relate to a system of perpetration and participation? How is it distinguished from other modes of liability? What are its actus reus and mens rea elements? Particular emphasis has been laid on the substantial and direct effect requirements, as well as on the notion of purposive facilitation. (Series: International Criminal Law - Vol. 3)

The Fundamental Concept of Crime in International Criminal Law

Iryna Marchuk
The Fundamental Concept of Crime in International Criminal Law Book PDF

Author : Iryna Marchuk
Publisher : Springer Science & Business Media
Page : 304 pages
File Size : 41,9 Mb
Release : 2013-07-29
Category : Law
ISBN : 9783642282461

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The Fundamental Concept of Crime in International Criminal Law by Iryna Marchuk Pdf

This book examines the rapid development of the fundamental concept of a crime in international criminal law from a comparative law perspective. In this context, particular thought has been given to the catalyzing impact of the criminal law theory that has developed in major world legal systems upon the crystallization of the substantive part of international criminal law. This study offers a critical overview of international and domestic jurisprudence with regard to the construal of the concept of a crime (actus reus, mens rea, defences, modes of liability) and exposes roots of confusion in international criminal law through a comprehensive comparative analysis of substantive criminal laws in selected legal jurisdictions.

Individual Criminal Responsibility for Core International Crimes

Ciara Damgaard
Individual Criminal Responsibility for Core International Crimes Book PDF

Author : Ciara Damgaard
Publisher : Springer Science & Business Media
Page : 461 pages
File Size : 49,6 Mb
Release : 2008-08-02
Category : Law
ISBN : 9783540787815

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Individual Criminal Responsibility for Core International Crimes by Ciara Damgaard Pdf

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.

Translating Guilt

Cassandra Steer
Translating Guilt Book PDF

Author : Cassandra Steer
Publisher : Springer
Page : 399 pages
File Size : 50,7 Mb
Release : 2017-02-26
Category : Law
ISBN : 9789462651715

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Translating Guilt by Cassandra Steer Pdf

This book seeks to understand how and why we should hold leaders responsible for the collective mass atrocities that are committed in times of conflict. It attempts to untangle the debates on modes of liability in international criminal law (ICL) that have become truly complex over the last twenty years, and to provide a way to identify the most appropriate model for leadership liability. A unique comparative theory of ICL is offered, which clarifies the way in which ICL develops as a patchwork of different domestic criminal law notions. This theory forms the basis for the comparison of some influential domestic criminal law systems, with a view to understanding the policy and cultural reasons for their differences. There is a particular focus on the background of the German law which has influenced the International Criminal Court so much recently. This helps to understand, and seek a solution to, the current impasses in the debates on which model of liability should be applied. An entire chapter of the book is devoted to considering why leaders should be held responsible for crimes committed by their subordinates, from legal, moral and pragmatic perspectives. The moral responsibility of leaders is translated into criminal liability, and the different domestic models of liability are translated to the international context, in such a way as to appeal to advanced students of ICL, academics, and practitioners who want to understand the complexities of leadership liability in international criminal law today and identify the best way to approach it. Cassandra Steer is Executive Director of Women in International Security Canada, and Junior Wainwright Fellow at McGill University, Canada. She holds a Ph.D. in Law from the University of Amsterdam, The Netherlands.

A Theory of Punishable Participation in Universal Crimes

Terje Einarsen,Joseph Rikhof
A Theory of Punishable Participation in Universal Crimes Book PDF

Author : Terje Einarsen,Joseph Rikhof
Publisher : Torkel Opsahl Academic EPublisher
Page : 744 pages
File Size : 54,8 Mb
Release : 2018-12-07
Category : Law
ISBN : 9788283481280

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A Theory of Punishable Participation in Universal Crimes by Terje Einarsen,Joseph Rikhof Pdf

This study is the second in the four-part series entitled “Rethinking the Essentials of International Criminal Law and Transitional Justice”. While the first volume, The Concept of Universal Crimes in International Law, explored the parameters and theories related to crimes under international law, this book examines the notion of punishable participation in such crimes. It presents a general theory of personal criminal liability and provides a comprehensive overview of all forms of criminal participation in international law. The authors examine numerous primary materials in international and transnational criminal law, both historical and current, relating to both international and domestic jurisprudence. They also review academic literature that attempts to explain and bring consistency to the jurisprudence, as well as other sources such as reports of the International Law Commission. This rich empirical tapestry is then used to test and further develop an overarching conceptual theory and matrix that provides a better understanding of the boundaries of personal criminal liability lex lata and lex ferenda and of the relationship between the various forms of punishable participation in universal crimes. Like the first volume, this book makes a valuable contribution to a more coherent and practical understanding of international criminal law.

The Oxford Handbook of International Criminal Law

Darryl Robinson
The Oxford Handbook of International Criminal Law Book PDF

Author : Darryl Robinson
Publisher : Oxford University Press
Page : 896 pages
File Size : 51,8 Mb
Release : 2020-02-24
Category : Law
ISBN : 9780192558886

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The Oxford Handbook of International Criminal Law by Darryl Robinson Pdf

In the past twenty years, international criminal law has become one of the main areas of international legal scholarship and practice. Most textbooks in the field describe the evolution of international criminal tribunals, the elements of the core international crimes, the applicable modes of liability and defences, and the role of states in prosecuting international crimes. The Oxford Handbook of International Criminal Law, however, takes a theoretically informed and refreshingly critical look at the most controversial issues in international criminal law, challenging prevailing practices, orthodoxies, and received wisdoms. Some of the contributions to the Handbook come from scholars within the field, but many come from outside of international criminal law, or indeed from outside law itself. The chapters are grounded in history, geography, philosophy, and international relations. The result is a Handbook that expands the discipline and should fundamentally alter how international criminal law is understood.

Individual Criminal Responsibility for the Financing of Entities involved in Core Crimes

Laura Ausserladscheider Jonas
Individual Criminal Responsibility for the Financing of Entities involved in Core Crimes Book PDF

Author : Laura Ausserladscheider Jonas
Publisher : BRILL
Page : 256 pages
File Size : 48,9 Mb
Release : 2021-12-28
Category : Law
ISBN : 9789004470934

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Individual Criminal Responsibility for the Financing of Entities involved in Core Crimes by Laura Ausserladscheider Jonas Pdf

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.

Perpetrators and Accessories in International Criminal Law

Neha Jain
Perpetrators and Accessories in International Criminal Law Book PDF

Author : Neha Jain
Publisher : Bloomsbury Publishing
Page : 379 pages
File Size : 47,6 Mb
Release : 2014-12-01
Category : Law
ISBN : 9781782254102

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Perpetrators and Accessories in International Criminal Law by Neha Jain Pdf

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.