Collective Responsibility and Accountability under International Law

Collective Responsibility and Accountability under International Law

Author: Shane Darcy

Publisher: BRILL

Published: 2007-03-30

Total Pages: 424

ISBN-13: 9047431286

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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. Published under the Transnational Publishers imprint.


Book Synopsis Collective Responsibility and Accountability under International Law by : Shane Darcy

Download or read book Collective Responsibility and Accountability under International Law written by Shane Darcy and published by BRILL. This book was released on 2007-03-30 with total page 424 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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. Published under the Transnational Publishers imprint.

Accountability for Collective Wrongdoing

Accountability for Collective Wrongdoing

Author: Tracy Isaacs

Publisher: Cambridge University Press

Published: 2011-01-31

Total Pages: 321

ISBN-13: 1139497316

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Ideas of collective responsibility challenge the doctrine of individual responsibility that is the dominant paradigm in law and liberal political theory. But little attention is given to the consequences of holding groups accountable for wrongdoing. Groups are not amenable to punishment in the way that individuals are. Can they be punished – and if so, how – or are other remedies available? The topic crosses the borders of law, philosophy and political science, and in this volume specialists in all three areas contribute their perspectives. They examine the limits of individual criminal liability in addressing atrocity, the meanings of punishment and responsibility, the distribution of group punishment to a group's members, and the means by which collective accountability can be expressed. In doing so, they reflect on the legacy of the Nuremberg Trials, on the philosophical understanding of collective responsibility, and on the place of collective accountability in international political relations.


Book Synopsis Accountability for Collective Wrongdoing by : Tracy Isaacs

Download or read book Accountability for Collective Wrongdoing written by Tracy Isaacs and published by Cambridge University Press. This book was released on 2011-01-31 with total page 321 pages. Available in PDF, EPUB and Kindle. Book excerpt: Ideas of collective responsibility challenge the doctrine of individual responsibility that is the dominant paradigm in law and liberal political theory. But little attention is given to the consequences of holding groups accountable for wrongdoing. Groups are not amenable to punishment in the way that individuals are. Can they be punished – and if so, how – or are other remedies available? The topic crosses the borders of law, philosophy and political science, and in this volume specialists in all three areas contribute their perspectives. They examine the limits of individual criminal liability in addressing atrocity, the meanings of punishment and responsibility, the distribution of group punishment to a group's members, and the means by which collective accountability can be expressed. In doing so, they reflect on the legacy of the Nuremberg Trials, on the philosophical understanding of collective responsibility, and on the place of collective accountability in international political relations.

Moral Accountability and International Criminal Law

Moral Accountability and International Criminal Law

Author: Kirsten Fisher

Publisher: Routledge

Published: 2013-03

Total Pages: 222

ISBN-13: 1136633332

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"In the past couple of decades an autonomous international system of law has aggressively developed to deal with individual criminal responsibility for the most heinous of crimes. However, the development and application of the international criminal system is mired in criticism and concern. While international criminal law is playing an increasingly important role in global politics and issues of global security, normative theory has not kept pace with the advancements in this area of law. This book examines international criminal law (ICL) from a normative perspective, setting out how individuals ought to be held accountable to the world for their contribution to atrocity. In addition to addressing the normative basis for ICL, the book provides criteria for determining the kinds of actions that should be addressed through international criminal law. It asks, and answers, how individual responsibility can be determined in the context of collectively perpetrated political crimes and whether an international criminal justice system can claim universality in a culturally plural world. The book scrutinizes the function of ICL and finally considers how the goals and purpose of international law can be best institutionally supported"--


Book Synopsis Moral Accountability and International Criminal Law by : Kirsten Fisher

Download or read book Moral Accountability and International Criminal Law written by Kirsten Fisher and published by Routledge. This book was released on 2013-03 with total page 222 pages. Available in PDF, EPUB and Kindle. Book excerpt: "In the past couple of decades an autonomous international system of law has aggressively developed to deal with individual criminal responsibility for the most heinous of crimes. However, the development and application of the international criminal system is mired in criticism and concern. While international criminal law is playing an increasingly important role in global politics and issues of global security, normative theory has not kept pace with the advancements in this area of law. This book examines international criminal law (ICL) from a normative perspective, setting out how individuals ought to be held accountable to the world for their contribution to atrocity. In addition to addressing the normative basis for ICL, the book provides criteria for determining the kinds of actions that should be addressed through international criminal law. It asks, and answers, how individual responsibility can be determined in the context of collectively perpetrated political crimes and whether an international criminal justice system can claim universality in a culturally plural world. The book scrutinizes the function of ICL and finally considers how the goals and purpose of international law can be best institutionally supported"--

Accountability for Collective Wrongdoing

Accountability for Collective Wrongdoing

Author:

Publisher:

Published: 2011

Total Pages: 310

ISBN-13: 9781107220645

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"Ideas of collective responsibility challenge the doctrine of individual responsibility that is the dominant paradigm in law and liberal political theory. But little attention is given to the consequences of holding groups accountable for wrongdoing. Groups are not amenable to punishment in the way that individuals are. Can they be punished - and if so, how - or are other remedies available? The topic crosses the borders of law, philosophy, and political science, and in this volume specialists in all three areas contribute their perspectives. They examine the limits of individual criminal liability in addressing atrocity, the meanings of punishment and responsibility, the distribution of group punishment to a group's members, and the means by which collective accountability can be expressed. In doing so, they reflect on the legacy of the Nuremberg Trials, on the philosophical understanding of collective responsibility, and on the place of collective accountability in international political relations"--


Book Synopsis Accountability for Collective Wrongdoing by :

Download or read book Accountability for Collective Wrongdoing written by and published by . This book was released on 2011 with total page 310 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Ideas of collective responsibility challenge the doctrine of individual responsibility that is the dominant paradigm in law and liberal political theory. But little attention is given to the consequences of holding groups accountable for wrongdoing. Groups are not amenable to punishment in the way that individuals are. Can they be punished - and if so, how - or are other remedies available? The topic crosses the borders of law, philosophy, and political science, and in this volume specialists in all three areas contribute their perspectives. They examine the limits of individual criminal liability in addressing atrocity, the meanings of punishment and responsibility, the distribution of group punishment to a group's members, and the means by which collective accountability can be expressed. In doing so, they reflect on the legacy of the Nuremberg Trials, on the philosophical understanding of collective responsibility, and on the place of collective accountability in international political relations"--

The Collective Responsibility of States to Protect Refugees

The Collective Responsibility of States to Protect Refugees

Author: Agnès G. Hurwitz

Publisher: OUP Oxford

Published: 2009

Total Pages: 386

ISBN-13: 0199278385

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This title analyses the concept of sharing responsibility between states for protecting refugees under international law, and how this mechanism highlights serious concerns for the protection of refugees' rights.


Book Synopsis The Collective Responsibility of States to Protect Refugees by : Agnès G. Hurwitz

Download or read book The Collective Responsibility of States to Protect Refugees written by Agnès G. Hurwitz and published by OUP Oxford. This book was released on 2009 with total page 386 pages. Available in PDF, EPUB and Kindle. Book excerpt: This title analyses the concept of sharing responsibility between states for protecting refugees under international law, and how this mechanism highlights serious concerns for the protection of refugees' rights.

Distribution of Responsibilities in International Law

Distribution of Responsibilities in International Law

Author: André Nollkaemper

Publisher: Cambridge University Press

Published: 2015-09-18

Total Pages: 473

ISBN-13: 1107107083

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Exploring theoretical foundations for the distribution of shared responsibility, this book provides a basis for the development of international law.


Book Synopsis Distribution of Responsibilities in International Law by : André Nollkaemper

Download or read book Distribution of Responsibilities in International Law written by André Nollkaemper and published by Cambridge University Press. This book was released on 2015-09-18 with total page 473 pages. Available in PDF, EPUB and Kindle. Book excerpt: Exploring theoretical foundations for the distribution of shared responsibility, this book provides a basis for the development of international law.

Principles of Shared Responsibility in International Law

Principles of Shared Responsibility in International Law

Author: André Nollkaemper

Publisher: Cambridge University Press

Published: 2014-12-04

Total Pages: 399

ISBN-13: 1316195384

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The Shared Responsibility in International Law series examines the underexplored problem of allocation of responsibilities among multiple states and other actors. The International Law Commission, in its work on state responsibility and the responsibility of international organisations, recognised that attribution of acts to one state or organisation does not exclude possible attribution of the same act to another state or organisation, but has provided limited guidance on allocation or reparation. From the new perspective of shared responsibility, this volume reviews the main principles of the law of international responsibility as laid down in the Articles on State Responsibility and the Articles on Responsibility of International Organizations, such as attribution of conduct, breach, circumstances precluding wrongfulness and reparation. It explores the potential and limitations of current international law in dealing with questions of shared responsibility in areas such as military operations and international environmental law.


Book Synopsis Principles of Shared Responsibility in International Law by : André Nollkaemper

Download or read book Principles of Shared Responsibility in International Law written by André Nollkaemper and published by Cambridge University Press. This book was released on 2014-12-04 with total page 399 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Shared Responsibility in International Law series examines the underexplored problem of allocation of responsibilities among multiple states and other actors. The International Law Commission, in its work on state responsibility and the responsibility of international organisations, recognised that attribution of acts to one state or organisation does not exclude possible attribution of the same act to another state or organisation, but has provided limited guidance on allocation or reparation. From the new perspective of shared responsibility, this volume reviews the main principles of the law of international responsibility as laid down in the Articles on State Responsibility and the Articles on Responsibility of International Organizations, such as attribution of conduct, breach, circumstances precluding wrongfulness and reparation. It explores the potential and limitations of current international law in dealing with questions of shared responsibility in areas such as military operations and international environmental law.

The Responsibility to Protect

The Responsibility to Protect

Author: International Commission on Intervention and State Sovereignty

Publisher: IDRC

Published: 2001

Total Pages: 432

ISBN-13: 9780889369634

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Responsibility to Protect: Research, bibliography, background. Supplementary volume to the Report of the International Commission on Intervention and State Sovereignty


Book Synopsis The Responsibility to Protect by : International Commission on Intervention and State Sovereignty

Download or read book The Responsibility to Protect written by International Commission on Intervention and State Sovereignty and published by IDRC. This book was released on 2001 with total page 432 pages. Available in PDF, EPUB and Kindle. Book excerpt: Responsibility to Protect: Research, bibliography, background. Supplementary volume to the Report of the International Commission on Intervention and State Sovereignty

The Relationship Between State and Individual Responsibility for International Crimes

The Relationship Between State and Individual Responsibility for International Crimes

Author: Beatrice Bonafè

Publisher: BRILL

Published: 2009-02-23

Total Pages: 296

ISBN-13: 9047426770

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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 regimes of international responsibility. The author maintains that a general conception, according to which state and individual responsibility are two separate sets of secondary rules attached to the breach of the same primary norms, can help to solve the various issues relating to this dual responsibility. This conception of the complementarity between state and individual responsibility justifies co-ordination and consistent application of these two different regimes, each of which aims to foster compliance with the most important obligations owed to the international community as a whole.


Book Synopsis The Relationship Between State and Individual Responsibility for International Crimes by : Beatrice Bonafè

Download or read book The Relationship Between State and Individual Responsibility for International Crimes written by Beatrice Bonafè and published by BRILL. This book was released on 2009-02-23 with total page 296 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 regimes of international responsibility. The author maintains that a general conception, according to which state and individual responsibility are two separate sets of secondary rules attached to the breach of the same primary norms, can help to solve the various issues relating to this dual responsibility. This conception of the complementarity between state and individual responsibility justifies co-ordination and consistent application of these two different regimes, each of which aims to foster compliance with the most important obligations owed to the international community as a whole.

Moral Accountability and International Criminal Law

Moral Accountability and International Criminal Law

Author: Kirsten Fisher

Publisher: Routledge

Published: 2013-03-01

Total Pages: 245

ISBN-13: 1136633324

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This book examines international criminal law from a normative perspective and lays out how responsible agents, individuals and the collectives they comprise, ought to be held accountable to the world for the commission of atrocity. The author provides criteria for determining the kinds of actions that should be addressed through international criminal law. Additionally, it asks, and answers, how individual responsibility can be determined in the context of collectively perpetrated political crimes and whether an international criminal justice system can claim universality in a culturally plural world. The book also examines the function of international criminal law and finally considers how the goals and purposes of international law can best be institutionally supported. This book is of particular interest to a multidisciplinary academic audience in political science, philosophy, and law, however the book is written in clear jargon-free prose that is intended to render the arguments accessible to the non-specialist reader interested in global justice, human rights and international criminal law.


Book Synopsis Moral Accountability and International Criminal Law by : Kirsten Fisher

Download or read book Moral Accountability and International Criminal Law written by Kirsten Fisher and published by Routledge. This book was released on 2013-03-01 with total page 245 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines international criminal law from a normative perspective and lays out how responsible agents, individuals and the collectives they comprise, ought to be held accountable to the world for the commission of atrocity. The author provides criteria for determining the kinds of actions that should be addressed through international criminal law. Additionally, it asks, and answers, how individual responsibility can be determined in the context of collectively perpetrated political crimes and whether an international criminal justice system can claim universality in a culturally plural world. The book also examines the function of international criminal law and finally considers how the goals and purposes of international law can best be institutionally supported. This book is of particular interest to a multidisciplinary academic audience in political science, philosophy, and law, however the book is written in clear jargon-free prose that is intended to render the arguments accessible to the non-specialist reader interested in global justice, human rights and international criminal law.