Collective Responsibility And Accountability Under International Law
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| Author | : Shane Darcy |
| Publisher | : BRILL |
| Total Pages | : 424 |
| Release | : 2007-03-30 |
| Genre | : Law |
| ISBN | : 9047431286 |
Download Collective Responsibility and Accountability under International Law Book in PDF, Epub and Kindle
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. Published under the Transnational Publishers imprint.
| Author | : Tracy Isaacs |
| Publisher | : Cambridge University Press |
| Total Pages | : 321 |
| Release | : 2011-01-31 |
| Genre | : Law |
| ISBN | : 1139497316 |
Download Accountability for Collective Wrongdoing Book in PDF, Epub and Kindle
Ideas of collective responsibility challenge the doctrine of individual responsibility that is the dominant paradigm in law and liberal political theory. But little attention is given to the consequences of holding groups accountable for wrongdoing. Groups are not amenable to punishment in the way that individuals are. Can they be punished – and if so, how – or are other remedies available? The topic crosses the borders of law, philosophy and political science, and in this volume specialists in all three areas contribute their perspectives. They examine the limits of individual criminal liability in addressing atrocity, the meanings of punishment and responsibility, the distribution of group punishment to a group's members, and the means by which collective accountability can be expressed. In doing so, they reflect on the legacy of the Nuremberg Trials, on the philosophical understanding of collective responsibility, and on the place of collective accountability in international political relations.
| Author | : |
| Publisher | : |
| Total Pages | : 310 |
| Release | : 2011 |
| Genre | : Crimes against humanity |
| ISBN | : 9781107220645 |
Download Accountability for Collective Wrongdoing Book in PDF, Epub and Kindle
"Ideas of collective responsibility challenge the doctrine of individual responsibility that is the dominant paradigm in law and liberal political theory. But little attention is given to the consequences of holding groups accountable for wrongdoing. Groups are not amenable to punishment in the way that individuals are. Can they be punished - and if so, how - or are other remedies available? The topic crosses the borders of law, philosophy, and political science, and in this volume specialists in all three areas contribute their perspectives. They examine the limits of individual criminal liability in addressing atrocity, the meanings of punishment and responsibility, the distribution of group punishment to a group's members, and the means by which collective accountability can be expressed. In doing so, they reflect on the legacy of the Nuremberg Trials, on the philosophical understanding of collective responsibility, and on the place of collective accountability in international political relations"--
| Author | : André Nollkaemper |
| Publisher | : Cambridge University Press |
| Total Pages | : 399 |
| Release | : 2014-12-04 |
| Genre | : Law |
| ISBN | : 1316195384 |
Download Principles of Shared Responsibility in International Law Book in PDF, Epub and Kindle
The Shared Responsibility in International Law series examines the underexplored problem of allocation of responsibilities among multiple states and other actors. The International Law Commission, in its work on state responsibility and the responsibility of international organisations, recognised that attribution of acts to one state or organisation does not exclude possible attribution of the same act to another state or organisation, but has provided limited guidance on allocation or reparation. From the new perspective of shared responsibility, this volume reviews the main principles of the law of international responsibility as laid down in the Articles on State Responsibility and the Articles on Responsibility of International Organizations, such as attribution of conduct, breach, circumstances precluding wrongfulness and reparation. It explores the potential and limitations of current international law in dealing with questions of shared responsibility in areas such as military operations and international environmental law.
| Author | : André Nollkaemper |
| Publisher | : Cambridge University Press |
| Total Pages | : 473 |
| Release | : 2015-09-18 |
| Genre | : Law |
| ISBN | : 1107107083 |
Download Distribution of Responsibilities in International Law Book in PDF, Epub and Kindle
Exploring theoretical foundations for the distribution of shared responsibility, this book provides a basis for the development of international law.
| Author | : Kirsten Fisher |
| Publisher | : Routledge |
| Total Pages | : 222 |
| Release | : 2013-03 |
| Genre | : Law |
| ISBN | : 1136633332 |
Download Moral Accountability and International Criminal Law Book in PDF, Epub and Kindle
"In the past couple of decades an autonomous international system of law has aggressively developed to deal with individual criminal responsibility for the most heinous of crimes. However, the development and application of the international criminal system is mired in criticism and concern. While international criminal law is playing an increasingly important role in global politics and issues of global security, normative theory has not kept pace with the advancements in this area of law. This book examines international criminal law (ICL) from a normative perspective, setting out how individuals ought to be held accountable to the world for their contribution to atrocity. In addition to addressing the normative basis for ICL, the book provides criteria for determining the kinds of actions that should be addressed through international criminal law. It asks, and answers, how individual responsibility can be determined in the context of collectively perpetrated political crimes and whether an international criminal justice system can claim universality in a culturally plural world. The book scrutinizes the function of ICL and finally considers how the goals and purpose of international law can be best institutionally supported"--
| Author | : Kirsten Fisher |
| Publisher | : Routledge |
| Total Pages | : 245 |
| Release | : 2013-03-01 |
| Genre | : Law |
| ISBN | : 1136633324 |
Download Moral Accountability and International Criminal Law Book in PDF, Epub and Kindle
This book examines international criminal law from a normative perspective and lays out how responsible agents, individuals and the collectives they comprise, ought to be held accountable to the world for the commission of atrocity. The author provides criteria for determining the kinds of actions that should be addressed through international criminal law. Additionally, it asks, and answers, how individual responsibility can be determined in the context of collectively perpetrated political crimes and whether an international criminal justice system can claim universality in a culturally plural world. The book also examines the function of international criminal law and finally considers how the goals and purposes of international law can best be institutionally supported. This book is of particular interest to a multidisciplinary academic audience in political science, philosophy, and law, however the book is written in clear jargon-free prose that is intended to render the arguments accessible to the non-specialist reader interested in global justice, human rights and international criminal law.
| Author | : James Crawford |
| Publisher | : Oxford University Press |
| Total Pages | : 1364 |
| Release | : 2010-05-20 |
| Genre | : Law |
| ISBN | : 0199296979 |
Download The Law of International Responsibility Book in PDF, Epub and Kindle
The law of international responsibility is one of international law's core foundational topics. Written by international experts, this book provides an overview of the modern law of international responsibility, both as it applies to states and to international organizations, with a focus on the ILC's work.
| Author | : Beatrice Bonafè |
| Publisher | : BRILL |
| Total Pages | : 296 |
| Release | : 2009-02-23 |
| Genre | : Law |
| ISBN | : 9047426770 |
Download The Relationship Between State and Individual Responsibility for International Crimes Book in PDF, Epub and Kindle
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 | : Nergis Canefe |
| Publisher | : University of Wales Press |
| Total Pages | : 338 |
| Release | : 2021-04-15 |
| Genre | : Law |
| ISBN | : 178683703X |
Download Crimes Against Humanity Book in PDF, Epub and Kindle
This volume considers how, based on the examination of cases pertaining to transitional justice settings that resort to local interpretations of crimes against humanity jurisprudence, fragmentation of international law and circumscribed applications of universal jurisdiction are necessary aspects of the grand enterprise to overcome the impasse of the tainted legacy of international criminal law in the Global South. If we are to proceed with adjudication of the most egregious and heinous crimes involving state criminality without facing the charge of neo-colonialist plotting, then we must reckon with localised and domesticated interpretations of international criminal law, rather than pursuing strict forms of legislative dictation of international criminal law.
