The problem of liability in international criminal law -- Leadership liability for collective crimes -- Putting the leaders of mass atrocity on trial -- A comparative theory of international criminal law -- Applying the tools -- Subjectivity reflected in the common law tradition -- Objectivity reflected in the civil law tradition -- Shifting trends in international tribunals -- Applying a comparative theory : beyond legal transplants, toward legal patchworking -- Translating the guilt of leaders of mass atrocity.
Summary:
"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"--Back cover.
This resource is supported by the Institute of Museum and Library Services under the provisions of the Library Services and Technology Act as administered by State Library of Iowa.