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Translating guilt = identifying lead...
~
Steer, Cassandra.
Translating guilt = identifying leadership liability for mass atrocity crimes /
紀錄類型:
書目-語言資料,印刷品 : Monograph/item
正題名/作者:
Translating guilt/ by Cassandra Steer.
其他題名:
identifying leadership liability for mass atrocity crimes /
作者:
Steer, Cassandra.
出版者:
The Hague :T.M.C. Asser Press : : 2017.,
面頁冊數:
xv, 399 p. :ill., digital ; : 24 cm.;
Contained By:
Springer eBooks
標題:
Atrocities - Law and legislation. -
電子資源:
http://dx.doi.org/10.1007/978-94-6265-171-5
ISBN:
9789462651715
Translating guilt = identifying leadership liability for mass atrocity crimes /
Steer, Cassandra.
Translating guilt
identifying leadership liability for mass atrocity crimes /[electronic resource] :by Cassandra Steer. - The Hague :T.M.C. Asser Press :2017. - xv, 399 p. :ill., digital ;24 cm. - International criminal justice series,v.92352-6718 ;. - International criminal justice series ;v.2..
The Problem of Liability in International Criminal Law -- Leadership Liability for Collective Crimes -- Putting the Leaders of Mass Atrocity on Trial -- A Comparative Theory of International Criminal Law -- Applying the Tools -- Subjectivity Reflected in the Common Law Tradition -- Objectivity Reflected in the Civil Law Tradition -- Shifting Trends in International Tribunals -- Applying a Comparative Theory: Beyond Legal -- Translating the Guilt of Leaders of Mass Atrocity.
This book seeks to understand how and why we should hold leaders responsible for the collective mass atrocities that are committed in times of conflict. It attempts to untangle the debates on modes of liability in international criminal law (ICL) that have become truly complex over the last twenty years, and to provide a way to identify the most appropriate model for leadership liability. A unique comparative theory of ICL is offered, which clarifies the way in which ICL develops as a patchwork of different domestic criminal law notions. This theory forms the basis for the comparison of some influential domestic criminal law systems, with a view to understanding the policy and cultural reasons for their differences. There is a particular focus on the background of the German law which has influenced the International Criminal Court so much recently. This helps to understand, and seek a solution to, the current impasses in the debates on which model of liability should be applied. An entire chapter of the book is devoted to considering why leaders should be held responsible for crimes committed by their subordinates, from legal, moral and pragmatic perspectives. The moral responsibility of leaders is translated into criminal liability, and the different domestic models of liability are translated to the international context, in such a way as to appeal to advanced students of ICL, academics, and practitioners who want to understand the complexities of leadership liability in international criminal law today and identify the best way to approach it. Cassandra Steer is Executive Director of Women in International Security Canada, and Junior Wainwright Fellow at McGill University, Canada. She holds a Ph.D. in Law from the University of Amsterdam, The Netherlands.
ISBN: 9789462651715
Standard No.: 10.1007/978-94-6265-171-5doiSubjects--Topical Terms:
1240109
Atrocities
--Law and legislation.
LC Class. No.: KZ7095 / .S74 2017
Dewey Class. No.: 345.0235
Translating guilt = identifying leadership liability for mass atrocity crimes /
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This book seeks to understand how and why we should hold leaders responsible for the collective mass atrocities that are committed in times of conflict. It attempts to untangle the debates on modes of liability in international criminal law (ICL) that have become truly complex over the last twenty years, and to provide a way to identify the most appropriate model for leadership liability. A unique comparative theory of ICL is offered, which clarifies the way in which ICL develops as a patchwork of different domestic criminal law notions. This theory forms the basis for the comparison of some influential domestic criminal law systems, with a view to understanding the policy and cultural reasons for their differences. There is a particular focus on the background of the German law which has influenced the International Criminal Court so much recently. This helps to understand, and seek a solution to, the current impasses in the debates on which model of liability should be applied. An entire chapter of the book is devoted to considering why leaders should be held responsible for crimes committed by their subordinates, from legal, moral and pragmatic perspectives. The moral responsibility of leaders is translated into criminal liability, and the different domestic models of liability are translated to the international context, in such a way as to appeal to advanced students of ICL, academics, and practitioners who want to understand the complexities of leadership liability in international criminal law today and identify the best way to approach it. Cassandra Steer is Executive Director of Women in International Security Canada, and Junior Wainwright Fellow at McGill University, Canada. She holds a Ph.D. in Law from the University of Amsterdam, The Netherlands.
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