By Cassandra Steer
This publication seeks to appreciate how and why we should always carry leaders accountable for the collective mass atrocities which are dedicated in instances of clash. It makes an attempt to untangle the debates on modes of legal responsibility in foreign felony legislations (ICL) that experience develop into actually complicated during the last two decades, and to supply how to establish the main applicable version for management legal responsibility. a different comparative concept of ICL is out there, which clarifies the best way ICL develops as a patchwork of other family legal legislations notions. This thought types the foundation for the comparability of a few influential household felony legislation platforms, for you to figuring out the coverage and cultural purposes for his or her ameliorations. there's a specific specialize in the historical past of the German legislation which has inspired the foreign legal court docket rather a lot lately. This is helping to appreciate, and search an answer to, the present impasses within the debates on which version of legal responsibility might be applied.
An whole bankruptcy of the publication is dedicated to contemplating why leaders could be held liable for crimes dedicated by way of their subordinates, from felony, ethical and pragmatic views. the ethical accountability of leaders is translated into felony legal responsibility, and different household types of legal responsibility are translated to the foreign context, in this type of approach as to attract complex scholars of ICL, lecturers, and practitioners who are looking to comprehend the complexities of management legal responsibility in overseas legal legislation this present day and determine how you can procedure it.
Cassandra Steer is government Director of girls in overseas defense Canada, and Junior Wainwright Fellow at McGill college, Canada. She holds a Ph.D. in legislation from the college of Amsterdam, The Netherlands.
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Extra info for Translating Guilt: Identifying Leadership Liability for Mass Atrocity Crimes
Example text
22 22 26 30 34 35 38 40 42 44 46 Even with a rationale for why the leaders of collectives are more responsible, as identified in the previous chapter, the question arises how to design a system of liability to reflect this. The demands made of the international criminal justice project are complex, in that it must be at once effective, just in terms of outcome and fair towards defendants. This creates a series of tensions which will be discussed in this chapter.
22 22 26 30 34 35 38 40 42 44 46 Even with a rationale for why the leaders of collectives are more responsible, as identified in the previous chapter, the question arises how to design a system of liability to reflect this. The demands made of the international criminal justice project are complex, in that it must be at once effective, just in terms of outcome and fair towards defendants. This creates a series of tensions which will be discussed in this chapter. The first is that the desire for an efficient system of prosecutions requires a clarity of goals, yet there are numerous and competing goals asserted by those with different interests, including victims, defendants, and transitional justice advocates.
References . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 22 26 30 34 35 38 40 42 44 46 Even with a rationale for why the leaders of collectives are more responsible, as identified in the previous chapter, the question arises how to design a system of liability to reflect this. The demands made of the international criminal justice project are complex, in that it must be at once effective, just in terms of outcome and fair towards defendants.