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Complicity in International Criminal Law

Complicity in International Criminal Law

Author: Marina Aksenova
Publisher: Hart Publishing
ISBN: 9781509900084

Published In: December 2016
Format: Hardback
Jurisdiction: International ? Disclaimer:
Countri(es) stated herein are used as reference only
Paperback Edition ISBN: 9781509928903

List Price: HKD 1,170.00

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Description
Contents

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This book tackles one of the most contentions 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 authorizes the atrocity.

The challenge is to construct that link without jeopardizing the interests of justice. The 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 - crucial tools in structuring judicial discretion.

1. Introduction

2. Origins of Complicity: The Domestic Law Intake Introduction

I. The Comparative Method in International Criminal Law

II. Complicity in Domestic Law

III. Lessons Learned from Comparative Studies Conclusion

3. The Evolution of Complicity as a Construction for Dealing with Collective Criminality Introduction

I. Conspiracy versus Complicity at Nuremberg and Tokyo

II. Domestic Law versus International Law during the Subsequent Trials

III. Defining the Contours of Complicity: The ILC's Contribution

IV. Historical Trends

4. Complicity in the Jurisprudence of the Ad Hoc Tribunals and Hybrid Courts Introduction

I. Forms of Participation in the Statutes of the Ad Hoc Tribunals and Hybrid Courts