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Theories of Co-perpetration in International Criminal Law

2018-05-07 Law
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Release : 2018-05-07
Genre : Law
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Book Rating : 505/5 ( reviews)

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Book Synopsis Theories of Co-perpetration in International Criminal Law by : Lachezar D. Yanev

Download or read book Theories of Co-perpetration in International Criminal Law written by Lachezar D. Yanev. This book was released on 2018-05-07. Available in PDF, EPUB and Kindle. Book excerpt: The proper construction of co-perpetration responsibility in international criminal law has become one of the most enduring controversies in this field, with the UN Tribunals endorsing the theory of joint criminal enterprise, and the International Criminal Court adopting the alternative joint control over the crime theory to define this mode of liability. This book seeks to reconcile the ICTY/R’s and ICC’s jurisprudence by providing a definition of co-perpetration that could be uniformly applied in the two justice models that these institutions represent: the ad hoc- and the treaty-based model. An evaluation framework is adopted, pursuant to which the origins, merits and deficiencies of the said competing theories are critically assessed, and a refined legal framework of co-perpetration responsibility is proposed.

Theories of Co-perpetration in International Criminal Law

2016
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Release : 2016
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Book Synopsis Theories of Co-perpetration in International Criminal Law by :

Download or read book Theories of Co-perpetration in International Criminal Law written by . This book was released on 2016. Available in PDF, EPUB and Kindle. Book excerpt:

Theories of Co-perpetration in International Criminal Law

2016
Download Theories of Co-perpetration in International Criminal Law PDF Online Free

Author :
Release : 2016
Genre :
Kind : eBook
Book Rating : /5 ( reviews)

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Book Synopsis Theories of Co-perpetration in International Criminal Law by : Lachezar Dimitrov Yanev

Download or read book Theories of Co-perpetration in International Criminal Law written by Lachezar Dimitrov Yanev. This book was released on 2016. Available in PDF, EPUB and Kindle. Book excerpt:

A Theory of Punishable Participation in Universal Crimes

2018-12-07 Law
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Release : 2018-12-07
Genre : Law
Kind : eBook
Book Rating : 282/5 ( reviews)

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Book Synopsis A Theory of Punishable Participation in Universal Crimes by : Terje Einarsen

Download or read book A Theory of Punishable Participation in Universal Crimes written by Terje Einarsen. This book was released on 2018-12-07. Available in PDF, EPUB and Kindle. Book excerpt: This study is the second in the four-part series entitled “Rethinking the Essentials of International Criminal Law and Transitional Justice”. While the first volume, The Concept of Universal Crimes in International Law, explored the parameters and theories related to crimes under international law, this book examines the notion of punishable participation in such crimes. It presents a general theory of personal criminal liability and provides a comprehensive overview of all forms of criminal participation in international law. The authors examine numerous primary materials in international and transnational criminal law, both historical and current, relating to both international and domestic jurisprudence. They also review academic literature that attempts to explain and bring consistency to the jurisprudence, as well as other sources such as reports of the International Law Commission. This rich empirical tapestry is then used to test and further develop an overarching conceptual theory and matrix that provides a better understanding of the boundaries of personal criminal liability lex lata and lex ferenda and of the relationship between the various forms of punishable participation in universal crimes. Like the first volume, this book makes a valuable contribution to a more coherent and practical understanding of international criminal law.

Perpetrators and Accessories in International Criminal Law

2014-12-01 Law
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Release : 2014-12-01
Genre : Law
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Book Rating : 102/5 ( reviews)

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Book Synopsis Perpetrators and Accessories in International Criminal Law by : Neha Jain

Download or read book Perpetrators and Accessories in International Criminal Law written by Neha Jain. This book was released on 2014-12-01. Available in PDF, EPUB and Kindle. Book excerpt: 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.

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