Collective Responsibility And Accountability Under International Law

Author : Shane Darcy
Publisher : BRILL
ISBN 13 : 9047431286
Total Pages : 424 pages
Book Rating : 4.82/5 ( download)

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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.

Author : Tracy Isaacs
Publisher : Cambridge University Press
ISBN 13 : 1139497316
Total Pages : 321 pages
Book Rating : 4.12/5 ( download)

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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.

Author :
Publisher :
ISBN 13 : 9781107220645
Total Pages : 310 pages
Book Rating : 4.45/5 ( download)

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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"--

Author : Agnès G. Hurwitz
Publisher : OUP Oxford
ISBN 13 : 0199278385
Total Pages : 386 pages
Book Rating : 4.81/5 ( download)

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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.

Author : Kirsten Fisher
Publisher : Routledge
ISBN 13 : 1136633332
Total Pages : 222 pages
Book Rating : 4.31/5 ( download)

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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"--

Author : André Nollkaemper
Publisher : Cambridge University Press
ISBN 13 : 1107107083
Total Pages : 473 pages
Book Rating : 4.83/5 ( download)

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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.

Author : International Commission on Intervention and State Sovereignty
Publisher : IDRC
ISBN 13 : 9780889369634
Total Pages : 432 pages
Book Rating : 4.31/5 ( download)

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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

Author : André Nollkaemper
Publisher : Cambridge University Press
ISBN 13 : 1316195384
Total Pages : 399 pages
Book Rating : 4.83/5 ( download)

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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.

Author : Beatrice Bonafè
Publisher : BRILL
ISBN 13 : 9047426770
Total Pages : 296 pages
Book Rating : 4.76/5 ( download)

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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.

Author : Kirsten Fisher
Publisher : Routledge
ISBN 13 : 1136633324
Total Pages : 245 pages
Book Rating : 4.24/5 ( download)

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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.