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Towards Corporate Liability in International Criminal Law
  • Language: en
  • Pages: 260

Towards Corporate Liability in International Criminal Law

  • Type: Book
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  • Published: 2010
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  • Publisher: Unknown

Originally presented as the author's thesis (Ph.D.)--Utrecht University, 2010.

Duality of Responsibility in International Law
  • Language: en
  • Pages: 401

Duality of Responsibility in International Law

  • Categories: Law
  • Type: Book
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  • Published: 2022-03-16
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  • Publisher: BRILL

This book explores consequences arising in the field of State responsibility in relation to those arising for the individual in international criminal law, a relationship that broadly defines duality of responsibility in international law.

The Relationship Between State and Individual Responsibility for International Crimes
  • Language: en
  • Pages: 297

The Relationship Between State and Individual Responsibility for International Crimes

  • Categories: Law
  • Type: Book
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  • Published: 2009
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  • Publisher: BRILL

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 regim...

Individual Criminal Responsibility for Core International Crimes
  • Language: en
  • Pages: 461

Individual Criminal Responsibility for Core International Crimes

  • Categories: Law

1.1 Opening Remarks and Objectives Crimes against international law are committed by men, not by abstract entities, and only by punishing individuals who commit such crimes can the provisions of international law 2 be enforced. This is, perhaps, the most renowned citation from the judgment of the Int- national Military Tribunal at Nuremberg (“IMT”). In the six decades which have passed since the IMT judgment was handed down, the recognition of the c- cept of individual criminal responsibility for core international crimes has been significantly reinforced and developed, particularly since the establishment of the International Criminal Tribunal for the Former Yugoslavia (“ICTY”) and ...

Individual Criminal Liability for the International Crime of Aggression
  • Language: en
  • Pages: 298

Individual Criminal Liability for the International Crime of Aggression

  • Categories: Law
  • Type: Book
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  • Published: 2010
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  • Publisher: Unknown

With a foreword by professor Christine Van den Wyngaert, Judge at the International Criminal Court. --Book Jacket.

Individual Criminal Responsibility for the Financing of Entities involved in Core Crimes
  • Language: en
  • Pages: 256

Individual Criminal Responsibility for the Financing of Entities involved in Core Crimes

  • Categories: Law
  • Type: Book
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  • Published: 2021-12-28
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  • Publisher: BRILL

Anchored by the normative framework, this book aims to clarify the basis for individual criminal liability for persons who finance entities that perpetrate core crimes. The objective of this monograph is to clarify the rules to enable international courts and tribunals to identify the extent to which individual criminal liability attaches to the financing of core crimes, as well as the legal basis for such liability. By clarifying the criminal liability of individual who finance entities that perpetrate core crimes, this book also seeks to clarify the mental elements of the mode of liability of aiding and abetting. This is achieved through a thorough analysis of the applicable rules in the international arena, as well as through the comparative analysis.

Mistake of Law
  • Language: en
  • Pages: 191

Mistake of Law

  • Categories: Law

When a perpetrator of an international crime argues in his defence that he did not realise that he had violated the law, is this a reason not to punish him? International crimes constitute serious offences and it could be argued that he who commits such an offence must know his act is punishable. After all, everyone is presumed to know the law. However, convicting someone who is mistaken about the wrongfulness of his act may be in violation of the principle ‘no punishment without guilt’. This book investigates when 'mistake of law' should be a reason to exculpate the perpetrator of an international crime. It demonstrates that the issue of 'mistake of law' goes to the heart of individual criminal responsibility and therewith contributes to the development of a more systematic approach toward the structure of international offences. Valuable for academics and practitioners in the field of International Criminal Law.

Elements of Accessorial Modes of Liability
  • Language: en
  • Pages: 268

Elements of Accessorial Modes of Liability

  • Categories: Law

This volume continues the work of the Preparatory Commission of the International Criminal Court by developing ‘elements’ for ordering, instigating and aiding and abetting the commission of international crimes under Article 25(3)(b) and (c) of the Rome Statute. The development of proposed elements for these accessorial modes of liability is necessary because while detailed elements for the substantive crimes within the jurisdiction of the Court were identified in the ‘Elements of Crimes’, no such elements were elaborated for the modes of liability in those crimes. The proposed elements in this volume break new ground and are designed to assist the ICC in applying the provisions of the Rome Statute to the cases before it for trial with consistency and accuracy.

The Fundamental Concept of Crime in International Criminal Law
  • Language: en
  • Pages: 304

The Fundamental Concept of Crime in International Criminal Law

  • Categories: Law

This book examines the rapid development of the fundamental concept of a crime in international criminal law from a comparative law perspective. In this context, particular thought has been given to the catalyzing impact of the criminal law theory that has developed in major world legal systems upon the crystallization of the substantive part of international criminal law. This study offers a critical overview of international and domestic jurisprudence with regard to the construal of the concept of a crime (actus reus, mens rea, defences, modes of liability) and exposes roots of confusion in international criminal law through a comprehensive comparative analysis of substantive criminal laws in selected legal jurisdictions.

Collective Responsibility and Accountability under International Law
  • Language: en
  • Pages: 424

Collective Responsibility and Accountability under International Law

  • Categories: Law
  • Type: Book
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  • Published: 2007-03-30
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  • Publisher: BRILL

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.