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Responsibility on Trial: Liability Standards in International Criminal Law

Responsibility on Trial: Liability Standards in International Criminal Law

Author: Liana Minkova
Publisher: Cambridge University Press
ISBN: 9781009320177
Published In: February 2023
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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Description
Contents

Details

Establishing individual criminal responsibility for mass atrocities is the foundational principle of international criminal justice, but this process is highly complex, and is accompanied by political and legal dilemmas about its operation. The book examines the drafting, interpretation, and application of the rules for assessing individual criminal responsibility as those rules emerge from the intense contestations among judges, lawyers, and academics within the legal field. Focusing on the International Criminal Court (ICC), the book provides a rich analysis of the international debates around questions of criminal responsibility by interrogating formal legal documents and legal scholarship alongside more candid accounts (interviews, memoirs, minutes). These debates are of key importance for international criminal law and global justice because how criminal responsibility laws are construed in practice determines which conduct merits punishment and, ultimately, demarcates the boundaries of what are considered the 'gravest' acts that 'shock' humanity.

An interdisciplinary analysis of the assessment of individual criminal responsibility in international law
Accessible to a broad social sciences audience without previous training in legal theory
New insights into detailed developments in important cases

Introduction: ICL between legalism and critique

The international legal field: a practice-based perspective

The international criminal justice field from within: demarcating the debates on criminal responsibility

Before Rome: common law influence and the merging of morality and legality

Drafting the Rome statute: the battleground of ideas about criminal responsibility

Interpreting the Rome statute: a newfound emphasis on criminal law theory

An overview of ICC cases: applying the principled approach to criminal responsibility in practice

The road to acquittals: Bemba and Gbagbo and Blé Goudé

The road to convictions: Ntaganda and Ongwen

10.

Concluding Remarks

Bibliography