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Perpetrators and Accessories in International Criminal Law

Perpetrators and Accessories in International Criminal Law Individual Modes of Responsibility for Collective Crimes

Author: Neha Jain
Publisher: Hart Publishing
ISBN: 9781509907397

Published In: August 2016
Format: Paperback , 250 pages
Jurisdiction: International ? Disclaimer:
Countri(es) stated herein are used as reference only
Hardback Edition ISBN: 9781849464550

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Description
Contents
Author

Details

International criminal law lacks a coherent account of individual responsibility. This failure is due to the inability of international tribunals to capture the distinctive nature of individual responsibility for crimes that are collective by their very nature. Specifically, they have misunderstood the nature of the collective action or framework that makes these crimes possible, and for which liability may be attributed to intellectual authors, policy makers and leaders. In this book, the author draws on insights from comparative law and methodology to propose doctrines of perpetration and secondary responsibility that reflect the role and function of high-level participants in mass atrocity, while simultaneously situating them within the political and social climate which renders these crimes possible. This new doctrine is developed through a novel approach which combines and restructures divergent theoretical perspectives on attribution of responsibility in English and German domestic criminal law, as major representatives of the common law and civil law systems. At the same time, it analyses existing theories of responsibility in international criminal law and assesses whether there is any justification for their retention by international criminal tribunals.

Acknowledgements

Table of Cases

Table of Statutes and International Instruments

Introduction

Part One: Modes of Participation in International Criminal Law

The Origins of Individual Responsibility in International Criminal Law

Elements of Joint Criminal Enterprise at the ICTY

Variants of JCE and Other Forms of Commission at the Ad Hoc Tribunals

‘Perpetration’ at the International Criminal Court

Part Two: The Principal in International Criminal Law

The Principal in English Criminal Law Theory

The Principal in German Criminal Law Theory

A Theory of Perpetration for International Crimes

Part Three: The Limits of Accessorial Responsibility for International Crimes

The Accessory in English Criminal Law Theory

10.

The Accessory in German Criminal Law Theory

11.

Joint Criminal Enterprise Liability for International Crimes

12.

Conclusion

Bibliography

Index

Neha Jain is an Associate Professor at the University of Minnesota Law School. She has held research positions at Georgetown University Law Center, and at the Max Planck Institute for Foreign and International Criminal Law in Freiburg, Germany. Professor Jain completed her BCL and DPhil in law from Oxford University, where she was a Rhodes Scholar and Jowett Senior Scholar at Balliol College. She served as a law clerk to former Chief Justice VN Khare of the Supreme Court of India and has interned with the Office of the Prosecutor at the Extraordinary Chambers in the Courts of Cambodia and with the Legal and Treaties Division of India's Ministry of External Affairs.