Complicity in international criminal law
Author(s)
Bibliographic Information
Complicity in international criminal law
(Studies in international law, v. 63)
Hart Pub., 2016
- : Hardback : alk. paper
Available at 3 libraries
  Aomori
  Iwate
  Miyagi
  Akita
  Yamagata
  Fukushima
  Ibaraki
  Tochigi
  Gunma
  Saitama
  Chiba
  Tokyo
  Kanagawa
  Niigata
  Toyama
  Ishikawa
  Fukui
  Yamanashi
  Nagano
  Gifu
  Shizuoka
  Aichi
  Mie
  Shiga
  Kyoto
  Osaka
  Hyogo
  Nara
  Wakayama
  Tottori
  Shimane
  Okayama
  Hiroshima
  Yamaguchi
  Tokushima
  Kagawa
  Ehime
  Kochi
  Fukuoka
  Saga
  Nagasaki
  Kumamoto
  Oita
  Miyazaki
  Kagoshima
  Okinawa
  Korea
  China
  Thailand
  United Kingdom
  Germany
  Switzerland
  France
  Belgium
  Netherlands
  Sweden
  Norway
  United States of America
Note
Includes bibliographical references (p. 303-311) and index
Description and Table of Contents
Description
This book tackles one of the most contentious 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 authorises the atrocity. The challenge is to construct that link without jeopardising the interests of justice.
This 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, which are crucial tools in structuring judicial discretion.
Awarded The Paul Guggenheim Prize in International Law 2017!
Table of Contents
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
II. Problems with Building a Coherent Account of Complicity
Conclusion
5. Complicity and the Hierarchy of the Participation Modes at the International Criminal Court
Introduction
I. Modes of Participation at the ICC
II. Hierarchy of the Participation Modes
Conclusion
6. Complicity in International Criminal Law and Law of State Responsibility: A Comparative Analysis
Introduction
I. Complicity in the Law of State Responsibility
II. Comparative Analysis of Complicity in International Criminal Law and the Law of State Responsibility
III. Treatment of Complicity in Two Areas of Law: Common Trends and Divergences
Conclusion
7. The Correlation between Complicity and Sentencing
Introduction
I. The Correlation between Complicity and Sentencing
II. Sentencing Objectives at the Crossroads: Domestic and International Law
III. Embracing Judicial Sentencing Discretion in International Criminal Law
Conclusion
8. Conclusion: The Place of Complicity in International Criminal Law
Introduction
I. The Limitations of International Criminal Law
II. Symbolism as an Overarching Aim
III. Improving the Current Practices of Attaching Liability for Complicity
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