國立虎尾科技大學 |

Reconciling responsibility with reality = a comparative analysis of modes of active leadership liability in international criminal law /

Record Type:	Language materials, printed : Monograph/item
Title/Author:	Reconciling responsibility with reality/ by Johannes Block.
Reminder of title:	a comparative analysis of modes of active leadership liability in international criminal law /
Author:	Block, Johannes.
Published:	The Hague :T.M.C. Asser Press : : 2023.,
Description:	xiv, 507 p. :ill., digital ; : 24 cm.;
Contained By:	Springer Nature eBook
Subject:	Command responsibility (International law) -
Online resource:	https://doi.org/10.1007/978-94-6265-607-9
ISBN:	9789462656079

Reconciling responsibility with reality = a comparative analysis of modes of active leadership liability in international criminal law /
Block, Johannes.

Reconciling responsibility with realitya comparative analysis of modes of active leadership liability in international criminal law /[electronic resource] :by Johannes Block. - The Hague :T.M.C. Asser Press :2023. - xiv, 507 p. :ill., digital ;24 cm. - International criminal justice series,v. 332352-6726 ;. - International criminal justice series ;v.2..

Chapter 1. Introduction -- Part I. Indirect Perpetration through an Organisation -- Chapter 2. The German Origins of Indirect Perpetration through an Organised Apparatus of Power -- Chapter 3 Indirect Perpetration through an Organisation under the Rome Statute -- Part II. Responsibility for Ordering a Crime -- Chapter 4. Historic Precedents: Ordering in Post-World War II Trials -- Chapter 5. Responsibility for Ordering a Crime under the Jurisprudence of the Ad Hoc Tribunals for the Former Yugoslavia and Rwanda -- Chapter 6. Responsibility for Ordering under Art. 25 (3) (b) of the Rome Statute -- Part III. Comparison, Evaluation and Conclusion -- Chapter 7. Comparison and Evaluation -- Chapter 8. Conclusion: The Responsibility of Decision Makers for Ordering the Commission of International Crimes -- Bibliography -- Table of Cases -- Index.

This book explores the issue of leadership criminality from a new angle by comparing two highly relevant modes of responsibility. By contrasting individual criminal responsibility for ordering international crimes with indirect perpetration through an organisation, it shows the doctrinal weaknesses of the latter and outlines the much-overlooked advantages of the former. The volume analyses the development of both forms of responsibility, looking at their origins, and their reception in academia and practical use in jurisprudence. The history of indirect perpetration through an organisation (Organisationsherrschaft) is portrayed from its German academic origin, through German jurisprudence to the reception of the doctrine at the International Criminal Court. By comparing the doctrine's stages of evolution, the book sheds light on the different aspects of the various models of indirect perpetration through an organisation and carves out general and fundamental criticism of it. The characteristics of ordering liability are explored in depth through an analysis of jurisprudence of the Nuremberg subsequent trials, the ad hoc tribunals and the International Criminal Court. This historic and doctrinal comparison reveals a well-defined and to-date much neglected mode of responsibility with enormous potential for the adjudication of leadership figures in the ambit of international criminal law and only one conclusion can follow from this analysis: it calls for practitioners and academics to leave the well-trodden paths of national criminal law doctrine and embrace truly international modes of liability such as the ordering of a crime. This volume in the ICJ series provides practitioners, researchers and students with a detailed account of forms of leadership liability and an innovative approach to the topic's most discussed issue. Dr. Johannes Block is a criminal lawyer specializing in international criminal law, responsibility of leadership figures, questions of perpetration and participation in crime as well as the national-socialists' crimes. He studied in Münster, Germany and Bogotá, Colombia and obtained his Dr. iur. from the University of Cologne, where he also worked and taught as a research assistant for several years. His legal clerkship led him to organized crime investigations, criminal defence, the European Commission and the German Federal Ministry of Justice.

ISBN: 9789462656079

Standard No.: 10.1007/978-94-6265-607-9doiSubjects--Topical Terms:

1251586
Command responsibility (International law)

LC Class. No.: KZ7095

Dewey Class. No.: 345.04

Reconciling responsibility with reality = a comparative analysis of modes of active leadership liability in international criminal law /
LDR:04386nam a2200337 a 4500 001 1116243
003 DE-He213
005 20230826172914.0
006 m d
007 cr nn 008maaau
008 240123s2023 ne s 0 eng d
020 $a 9789462656079 $q (electronic bk.)
020 $a 9789462656062 $q (paper)
024 7 $a 10.1007/978-94-6265-607-9 $2 doi
035 $a 978-94-6265-607-9
040 $a GP $c GP
041 0 $a eng
050 4 $a KZ7095
072 7 $a LBBZ $2 bicssc
072 7 $a LAW051000 $2 bisacsh
072 7 $a LBBZ $2 thema
082 0 4 $a 345.04 $2 23
090 $a KZ7095 $b .B651 2023
100 1 $a Block, Johannes. $3 1429368
245 1 0 $a Reconciling responsibility with reality $h [electronic resource] : $b a comparative analysis of modes of active leadership liability in international criminal law / $c by Johannes Block.
260 $a The Hague : $c 2023. $b T.M.C. Asser Press : $b Imprint: T.M.C. Asser Press,
300 $a xiv, 507 p. : $b ill., digital ; $c 24 cm.
490 1 $a International criminal justice series, $x 2352-6726 ; $v v. 33
505 0 $a Chapter 1. Introduction -- Part I. Indirect Perpetration through an Organisation -- Chapter 2. The German Origins of Indirect Perpetration through an Organised Apparatus of Power -- Chapter 3 Indirect Perpetration through an Organisation under the Rome Statute -- Part II. Responsibility for Ordering a Crime -- Chapter 4. Historic Precedents: Ordering in Post-World War II Trials -- Chapter 5. Responsibility for Ordering a Crime under the Jurisprudence of the Ad Hoc Tribunals for the Former Yugoslavia and Rwanda -- Chapter 6. Responsibility for Ordering under Art. 25 (3) (b) of the Rome Statute -- Part III. Comparison, Evaluation and Conclusion -- Chapter 7. Comparison and Evaluation -- Chapter 8. Conclusion: The Responsibility of Decision Makers for Ordering the Commission of International Crimes -- Bibliography -- Table of Cases -- Index.
520 $a This book explores the issue of leadership criminality from a new angle by comparing two highly relevant modes of responsibility. By contrasting individual criminal responsibility for ordering international crimes with indirect perpetration through an organisation, it shows the doctrinal weaknesses of the latter and outlines the much-overlooked advantages of the former. The volume analyses the development of both forms of responsibility, looking at their origins, and their reception in academia and practical use in jurisprudence. The history of indirect perpetration through an organisation (Organisationsherrschaft) is portrayed from its German academic origin, through German jurisprudence to the reception of the doctrine at the International Criminal Court. By comparing the doctrine's stages of evolution, the book sheds light on the different aspects of the various models of indirect perpetration through an organisation and carves out general and fundamental criticism of it. The characteristics of ordering liability are explored in depth through an analysis of jurisprudence of the Nuremberg subsequent trials, the ad hoc tribunals and the International Criminal Court. This historic and doctrinal comparison reveals a well-defined and to-date much neglected mode of responsibility with enormous potential for the adjudication of leadership figures in the ambit of international criminal law and only one conclusion can follow from this analysis: it calls for practitioners and academics to leave the well-trodden paths of national criminal law doctrine and embrace truly international modes of liability such as the ordering of a crime. This volume in the ICJ series provides practitioners, researchers and students with a detailed account of forms of leadership liability and an innovative approach to the topic's most discussed issue. Dr. Johannes Block is a criminal lawyer specializing in international criminal law, responsibility of leadership figures, questions of perpetration and participation in crime as well as the national-socialists' crimes. He studied in Münster, Germany and Bogotá, Colombia and obtained his Dr. iur. from the University of Cologne, where he also worked and taught as a research assistant for several years. His legal clerkship led him to organized crime investigations, criminal defence, the European Commission and the German Federal Ministry of Justice.
650 0 $a Command responsibility (International law) $3 1251586
650 0 $a International criminal law. $3 784835
650 1 4 $a International Criminal Law. $3 883253
650 2 4 $a Public International Law. $3 816062
650 2 4 $a Human Rights. $3 883254
650 2 4 $a Private International Law, International and Foreign Law, Comparative Law. $3 1365811
710 2 $a SpringerLink (Online service) $3 593884
773 0 $t Springer Nature eBook
830 0 $a International criminal justice series ; $v v.2. $3 1065248
856 4 0 $u https://doi.org/10.1007/978-94-6265-607-9
950 $a Law and Criminology (SpringerNature-41177)