Complicity in International Law

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Publisher : Oxford Monographs in Internati
ISBN 13 : 0198736932
Total Pages : 273 pages
Book Rating : 4.1/5 (987 download)

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Book Synopsis Complicity in International Law by : Miles Jackson

Download or read book Complicity in International Law written by Miles Jackson and published by Oxford Monographs in Internati. This book was released on 2015 with total page 273 pages. Available in PDF, EPUB and Kindle. Book excerpt: Analysing the nature of complicity in international criminal law, this book provides an account of the growing attention being paid to the issue. Exploring the responsibilities of individuals, states, and non-state actors in their obligations, the changing status of complicity in international law is demonstrated.

Complicity in International Criminal Law

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Publisher : Bloomsbury Publishing
ISBN 13 : 1509900098
Total Pages : 297 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis Complicity in International Criminal Law by : Marina Aksenova

Download or read book Complicity in International Criminal Law written by Marina Aksenova and published by Bloomsbury Publishing. This book was released on 2016-12-15 with total page 297 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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. Awarded The Paul Guggenheim Prize in International Law 2017!

Complicity and the Law of State Responsibility

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Publisher : Cambridge University Press
ISBN 13 : 1139499629
Total Pages : pages
Book Rating : 4.1/5 (394 download)

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Book Synopsis Complicity and the Law of State Responsibility by : Helmut Philipp Aust

Download or read book Complicity and the Law of State Responsibility written by Helmut Philipp Aust and published by Cambridge University Press. This book was released on 2011-09-01 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: This systematic analysis of State complicity in international law focuses on the rules of State responsibility. Combining a theoretical perspective on complicity based on the concept of the international rule of law with a thorough analysis of international practice, Helmut Philipp Aust establishes what forms of support for wrongful conduct entail responsibility of complicit States and sheds light on the consequences of complicity in terms of reparation and implementation. Furthermore, he highlights how international law provides for varying degrees of responsibility in cases of complicity, depending on whether peremptory norms have been violated or special subject areas such as the law of collective security are involved. The book shows that the concept of State complicity is firmly grounded in international law, and that the international rule of law may serve as a conceptual paradigm for today's international legal order.

Complicity and the Law of International Organizations

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Publisher : Edward Elgar Publishing
ISBN 13 : 1839101369
Total Pages : 288 pages
Book Rating : 4.8/5 (391 download)

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Book Synopsis Complicity and the Law of International Organizations by : Magdalena Pacholska

Download or read book Complicity and the Law of International Organizations written by Magdalena Pacholska and published by Edward Elgar Publishing. This book was released on 2020-04-24 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: This timely book examines the responsibility of international organizations for complicity in human rights and humanitarian law violations. It comprehensively addresses a lacuna in current scholarship through an analysis of the mandates and modus operandi of UN peace operations, offering workable normative solutions and striking a balance between the UN’s duty not to contribute to international law violations and its need to discharge mandated tasks in a highly volatile environment.

Complicity in International Law

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Publisher : OUP Oxford
ISBN 13 : 0191056758
Total Pages : 272 pages
Book Rating : 4.1/5 (91 download)

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Book Synopsis Complicity in International Law by : Miles Jackson

Download or read book Complicity in International Law written by Miles Jackson and published by OUP Oxford. This book was released on 2015-03-12 with total page 272 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines how international law prohibits state and individual complicity. Complicity is a derivative form of responsibility that links an accomplice to the wrongdoing of a principal actor. Whenever a legal system prohibits complicity, it must address certain questions as to the content and structure of the rules. To understand how international law answers these questions, this book proposes an analytical framework in which complicity rules may be assessed and defends a normative claim as to how they should be structured. Anchored by this framework and normative claim, this book shows that international criminal law regulates individual complicity in a comprehensive way, using the doctrines of instigation and aiding and abetting to inculpate complicit participants in international crimes. By contrast, international law's regulation of state complicity was historically marked by an absence of complicity rules. This is changing. In respect of state complicity in the wrongdoing of another state, international law now imposes both specific and general complicity obligations, the latter prohibiting states from aiding or assisting another state in the commission of any internationally wrongful act. In respect of the ways that states participate in harms caused by non-state actors, the traditional normative structure of international law, which imposed obligations only on states, foreclosed the possibility of prohibiting the state's participation as a form of complicity. As that traditional normative structure has evolved, so the possibility of holding states responsible for complicity in the wrongdoing of non-state actors has emerged. More and more, both the wrongs that international actors commit, and the wrongs they help or encourage others to commit, matter.

The Diversification and Fragmentation of International Criminal Law

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Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9004214593
Total Pages : 735 pages
Book Rating : 4.0/5 (42 download)

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Book Synopsis The Diversification and Fragmentation of International Criminal Law by : Larissa van den Herik

Download or read book The Diversification and Fragmentation of International Criminal Law written by Larissa van den Herik and published by Martinus Nijhoff Publishers. This book was released on 2012 with total page 735 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume deals with the tension between unity and diversification which has gained a central place in the debate under the label of ‘fragmentation’. It explores the meaning, articulation and risks of this phenomenon in a specific area: International Criminal Justice. It brings together established and fresh voices who analyse different sites and contestations of this concept, as well as its context and specific manifestations in the interpretation and application of International Criminal Law. The volume thereby connects discourse on ‘fragmentation’ with broader inquiry on the merits and discontents of legal pluralism in ‘Public International Law’.

Complicity in International Law

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Publisher :
ISBN 13 : 9781680531367
Total Pages : pages
Book Rating : 4.5/5 (313 download)

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Book Synopsis Complicity in International Law by : DIMITRIS. LIAKOPOULOS

Download or read book Complicity in International Law written by DIMITRIS. LIAKOPOULOS and published by . This book was released on 2020-06 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Complicity in International Law aims to analyze questions arising from a state's complicity in conflict with another state or an international organization. On the basis of international legal provisions, a state that assists the illicit fact of another state or an international organization in turn commits an offense if it is aware of the main fact and is bound by the same obligation.International law offers adumbrates the outcome of a codification process undertaken by the International Law Commission. The practice and its consequences, and the reflections of the doctrine, have matured with regard to the original hypothesis. Several cases of participation in the unlawful conduct of others, for example in facilitating the illicit use of the armed force, or of financial support to states responsible for human rights violations, have been recorded since the period immediately following World War II.International doctrine has long shown great interest in the theme of competition of several subjects in an international illicit act. This is a new phenomenon, given that until recently the issue had been the subject of in-depth analysis in a small number of works, few of which have been monographic in nature. Complicity in International Law will address the issue comprehensively.

Complicity and Its Limits in the Law of International Responsibility

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Publisher : Bloomsbury Publishing
ISBN 13 : 1782259406
Total Pages : 435 pages
Book Rating : 4.7/5 (822 download)

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Book Synopsis Complicity and Its Limits in the Law of International Responsibility by : Vladyslav Lanovoy

Download or read book Complicity and Its Limits in the Law of International Responsibility written by Vladyslav Lanovoy and published by Bloomsbury Publishing. This book was released on 2016-09-22 with total page 435 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the responsibility of States and international organizations for complicity (aid or assistance) in an internationally wrongful act. Despite the recognition of responsibility for complicity as a rule of customary international law by the International Court of Justice, this book argues that the effectiveness and utility of this form of responsibility is fraught with systemic and operational limits. These limits include a lack of clarity in its constituent elements, its co-existence with primary rules prohibiting complicity and the obligations of due diligence, its implementation and the underlying causal tests, its uncertain relationship to other forms of shared and indirect responsibility, and its potential as a form of attribution of conduct. This book submits that the content and elements of this form of responsibility need adjustments to respond more effectively to the phenomenon of complicity in international affairs. Awarded The Paul Guggenheim Prize in International Law 2017!

The Law of International Responsibility

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Publisher : Oxford University Press
ISBN 13 : 0199296979
Total Pages : 1364 pages
Book Rating : 4.1/5 (992 download)

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Book Synopsis The Law of International Responsibility by : James Crawford

Download or read book The Law of International Responsibility written by James Crawford and published by Oxford University Press. This book was released on 2010-05-20 with total page 1364 pages. Available in PDF, EPUB and Kindle. Book excerpt: The law of international responsibility is one of international law's core foundational topics. Written by international experts, this book provides an overview of the modern law of international responsibility, both as it applies to states and to international organizations, with a focus on the ILC's work.

Individual Criminal Responsibility for the Financing of Entities involved in Core Crimes

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Publisher : BRILL
ISBN 13 : 900447093X
Total Pages : 256 pages
Book Rating : 4.0/5 (44 download)

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Book Synopsis Individual Criminal Responsibility for the Financing of Entities involved in Core Crimes by : Laura Ausserladscheider Jonas

Download or read book Individual Criminal Responsibility for the Financing of Entities involved in Core Crimes written by Laura Ausserladscheider Jonas and published by BRILL. This book was released on 2021-12-28 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt: Anchored by the normative framework, this book aims to clarify the basis for individual criminal liability for persons who finance entities that perpetrate core crimes. The objective of this monograph is to clarify the rules to enable international courts and tribunals to identify the extent to which individual criminal liability attaches to the financing of core crimes, as well as the legal basis for such liability. By clarifying the criminal liability of individual who finance entities that perpetrate core crimes, this book also seeks to clarify the mental elements of the mode of liability of aiding and abetting. This is achieved through a thorough analysis of the applicable rules in the international arena, as well as through the comparative analysis.

Principles of Shared Responsibility in International Law

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Publisher : Cambridge University Press
ISBN 13 : 1316195384
Total Pages : 399 pages
Book Rating : 4.3/5 (161 download)

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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.

Complicity

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Publisher : Cambridge University Press
ISBN 13 : 9780521039703
Total Pages : 344 pages
Book Rating : 4.0/5 (397 download)

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Book Synopsis Complicity by : Christopher Kutz

Download or read book Complicity written by Christopher Kutz and published by Cambridge University Press. This book was released on 2007-08-16 with total page 344 pages. Available in PDF, EPUB and Kindle. Book excerpt: We live in a morally flawed world. Our lives are complicated by what other people do, and by the harms that flow from our social, economic, and political institutions. Our relations as individuals to these collective harms constitute the domain of complicity. This book examines the relationship between collective responsibility and individual guilt. It presents a rigorous philosophical account of the nature of our relations to the social groups in which we participate, and uses that account in a discussion of contemporary moral theory.

Complicity and its Limits in the Law of International Responsibility

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Author :
Publisher : Bloomsbury Publishing
ISBN 13 : 1782259384
Total Pages : 440 pages
Book Rating : 4.7/5 (822 download)

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Book Synopsis Complicity and its Limits in the Law of International Responsibility by : Vladyslav Lanovoy

Download or read book Complicity and its Limits in the Law of International Responsibility written by Vladyslav Lanovoy and published by Bloomsbury Publishing. This book was released on 2016-09-22 with total page 440 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the responsibility of States and international organizations for complicity (aid or assistance) in an internationally wrongful act. Despite the recognition of responsibility for complicity as a rule of customary international law by the International Court of Justice, this book argues that the effectiveness and utility of this form of responsibility is fraught with systemic and operational limits. These limits include a lack of clarity in its constituent elements, its co-existence with primary rules prohibiting complicity and the obligations of due diligence, its implementation and the underlying causal tests, its uncertain relationship to other forms of shared and indirect responsibility, and its potential as a form of attribution of conduct. This book submits that the content and elements of this form of responsibility need adjustments to respond more effectively to the phenomenon of complicity in international affairs. Awarded The Paul Guggenheim Prize in International Law 2017!

Accountability for Human Rights Atrocities in International Law

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Publisher : Oxford University Press
ISBN 13 : 0199546665
Total Pages : 534 pages
Book Rating : 4.1/5 (995 download)

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Book Synopsis Accountability for Human Rights Atrocities in International Law by : Steven R. Ratner

Download or read book Accountability for Human Rights Atrocities in International Law written by Steven R. Ratner and published by Oxford University Press. This book was released on 2009 with total page 534 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores the promise and limitations of international criminal law as a means of enforcing international human rights and humanitarian law. It analyses the principal crimes, such as genocide and crimes against humanity, and appraises the mechanisms developed to bring individuals to justice.

The Law and Practice of the International Criminal Court

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Publisher : Oxford University Press, USA
ISBN 13 : 0198705166
Total Pages : 1441 pages
Book Rating : 4.1/5 (987 download)

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Book Synopsis The Law and Practice of the International Criminal Court by : Carsten Stahn

Download or read book The Law and Practice of the International Criminal Court written by Carsten Stahn and published by Oxford University Press, USA. This book was released on 2015 with total page 1441 pages. Available in PDF, EPUB and Kindle. Book excerpt: The International Criminal Court has significantly grown in importance and impact over the decade of its existence. This book assesses its impact, providing a comprehensive overview of its practice. It shows how the court has contributed to major developments in international criminal law, and identifies the ways in which it is in need of reform.

International Criminal Law

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Publisher : Foundation Press
ISBN 13 : 9781684670017
Total Pages : 377 pages
Book Rating : 4.6/5 (7 download)

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Book Synopsis International Criminal Law by : BETH VAN. SLYE SCHAACK (RONALD C.)

Download or read book International Criminal Law written by BETH VAN. SLYE SCHAACK (RONALD C.) and published by Foundation Press. This book was released on 2020-11-27 with total page 377 pages. Available in PDF, EPUB and Kindle. Book excerpt: This engaging primer presents the field of International Criminal Law (ICL) in new and accessible ways. It provides a concise summary of key ICL doctrines while also raising novel and interdisciplinary perspectives. It targets a wide range of audiences, including law and other graduate students studying international law and related disciplines, such as human rights, transitional justice, peacebuilding, and conflict resolution. The book will also be useful for those working in the field--including diplomats, mediators, government officials, and negotiators--who need to understand the foundations and core concepts of ICL. It offers a useful primer for someone new to the field, and provides thought-provoking discussions for more seasoned practitioners. Part I introduces the domain of ICL. Specific chapters are devoted to the different strands of the field's history; the web of institutions that apply and interpret ICL; how the rules of international law generally, and ICL in particular, are created; theories that attempt to explain why certain crimes are subject to international regulation; and the unique challenges posed by the principle of legality within ICL. Part II is devoted to the intersecting elements of the major crimes recognized by international law (war crimes, crimes against humanity, genocide, aggression, and terrorism), the unique development of modes of liability under international law (including superior responsibility, complicity, co-perpetration, and joint criminal enterprise), and some of the defenses that might be deployed to block or mitigate liability (immunities, amnesties, and excuses). The text ends with two synthesis chapters. The first provides an in-depth case study of Syria to illustrate the way in which members of the international community can attempt to invoke, and block access to, the architecture of ICL and related accountability mechanisms. The second revisits some of the fundamental objectives underlying ICL, the more trenchant critiques of the project of international justice, and the breadth of creativity underlying alternative mechanisms developed under the cognate fields of transitional justice and conflict resolution. More than a hornbook, the text goes beyond a straight doctrinal discussion of ICL and offers insightful and provocative insights into the field. In so doing, it highlights points of intersection and divergence within core doctrines and offers a candid assessment of challenges in the field and opportunities for growth and development.

The Crime of Complicity

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Publisher : Ankerwycke
ISBN 13 : 9781634257329
Total Pages : 220 pages
Book Rating : 4.2/5 (573 download)

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Book Synopsis The Crime of Complicity by : Amos N. Guiora

Download or read book The Crime of Complicity written by Amos N. Guiora and published by Ankerwycke. This book was released on 2017 with total page 220 pages. Available in PDF, EPUB and Kindle. Book excerpt: Complicity is a ground-breaking examination of the legal culpability of the bystander told through the lens of the author's family experiences in the Holocaust. It provides an exploration of three distinct events: the death marches; the German occupation of Holland; and the German occupation of Hungary, all of which allow an in-depth discussion of the role of the bystander in varied circumstances. Through a narrative of his parents' stories, Amos Guiora, Professor of Law at the S.J. Quinney College of Law at the University of Utah, author, and former Lieutenant Colonel in the Israel Defense Fo.