Description
Complicity in International Criminal Law
Author: AKSENOVA Marina
Language: EnglishSubject for Complicity in International Criminal Law :
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Publication date: 12-2016
344 p. · Hardback
344 p. · Hardback
Description
/li>Contents
/li>Biography
/li>
This book tackles one of the most contentious aspects of international
criminal law – the modes of liability. At the heart of the discussion is
the quest for balance between the accused's individual contribution and
the collective nature of mass offending. The principle of legality
demands that there exists a well-defined link between the crime and the
person charged with it. This is so even in the context of international
offending, which often implies 'several degrees of separation' between
the direct perpetrator and the person who authorises the atrocity. The
challenge is to construct that link without jeopardising the interests
of justice.
This monograph provides the first comprehensive treatment of complicity within the discipline and beyond. Extensive analysis of the pertinent statutes and jurisprudence reveals gaps in interpreting accessorial liability. Simultaneously, the study of complicity becomes a test for the general methods and purposes of international criminal law. The book exposes problems with the sources of law and demonstrates the absence of clearly defined sentencing and policy rationales, which are crucial tools in structuring judicial discretion
This monograph provides the first comprehensive treatment of complicity within the discipline and beyond. Extensive analysis of the pertinent statutes and jurisprudence reveals gaps in interpreting accessorial liability. Simultaneously, the study of complicity becomes a test for the general methods and purposes of international criminal law. The book exposes problems with the sources of law and demonstrates the absence of clearly defined sentencing and policy rationales, which are crucial tools in structuring judicial discretion
1. Introduction
2. Origins of Complicity: The Domestic Law Intake
Introduction
I. The Comparative Method in International Criminal Law
II. Complicity in Domestic Law
III. Lessons Learned from Comparative Studies
Conclusion
3. The Evolution of Complicity as a Construction for Dealing with Collective Criminality
Introduction
I. Conspiracy versus Complicity at Nuremberg and Tokyo
II. Domestic Law versus International Law during the Subsequent Trials
III. Defining the Contours of Complicity: The ILC's Contribution
IV. Historical Trends
4. Complicity in the Jurisprudence of the Ad Hoc Tribunals and Hybrid Courts
Introduction
I. Forms of Participation in the Statutes of the Ad Hoc Tribunals and Hybrid Courts
II. Problems with Building a Coherent Account of Complicity
Conclusion
5. Complicity and the Hierarchy of the Participation Modes at the International Criminal Court
Introduction
I. Modes of Participation at the ICC
II. Hierarchy of the Participation Modes
Conclusion
6. Complicity in International Criminal Law and Law of State Responsibility: A Comparative Analysis
Introduction
I. Complicity in the Law of State Responsibility
II. Comparative Analysis of Complicity in International Criminal Law and the Law of State Responsibility
III. Treatment of Complicity in Two Areas of Law: Common Trends and Divergences
Conclusion
7. The Correlation between Complicity and Sentencing
Introduction
I. The Correlation between Complicity and Sentencing
II. Sentencing Objectives at the Crossroads: Domestic and International Law
III. Embracing Judicial Sentencing Discretion in International Criminal Law
Conclusion
8. Conclusion: The Place of Complicity in International Criminal Law
Introduction
I. The Limitations of International Criminal Law
II. Symbolism as an Overarching Aim
III. Improving the Current Practices of Attaching Liability for Complicity
2. Origins of Complicity: The Domestic Law Intake
Introduction
I. The Comparative Method in International Criminal Law
II. Complicity in Domestic Law
III. Lessons Learned from Comparative Studies
Conclusion
3. The Evolution of Complicity as a Construction for Dealing with Collective Criminality
Introduction
I. Conspiracy versus Complicity at Nuremberg and Tokyo
II. Domestic Law versus International Law during the Subsequent Trials
III. Defining the Contours of Complicity: The ILC's Contribution
IV. Historical Trends
4. Complicity in the Jurisprudence of the Ad Hoc Tribunals and Hybrid Courts
Introduction
I. Forms of Participation in the Statutes of the Ad Hoc Tribunals and Hybrid Courts
II. Problems with Building a Coherent Account of Complicity
Conclusion
5. Complicity and the Hierarchy of the Participation Modes at the International Criminal Court
Introduction
I. Modes of Participation at the ICC
II. Hierarchy of the Participation Modes
Conclusion
6. Complicity in International Criminal Law and Law of State Responsibility: A Comparative Analysis
Introduction
I. Complicity in the Law of State Responsibility
II. Comparative Analysis of Complicity in International Criminal Law and the Law of State Responsibility
III. Treatment of Complicity in Two Areas of Law: Common Trends and Divergences
Conclusion
7. The Correlation between Complicity and Sentencing
Introduction
I. The Correlation between Complicity and Sentencing
II. Sentencing Objectives at the Crossroads: Domestic and International Law
III. Embracing Judicial Sentencing Discretion in International Criminal Law
Conclusion
8. Conclusion: The Place of Complicity in International Criminal Law
Introduction
I. The Limitations of International Criminal Law
II. Symbolism as an Overarching Aim
III. Improving the Current Practices of Attaching Liability for Complicity
Marina Aksenova is Postdoctoral research fellow at iCourts, Centre for Excellence for International Courts, University of Copenhagen.
© 2024 LAVOISIER S.A.S.
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