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Full Description
In this book, Elies van Sliedregt examines the concept of individual criminal responsibility for violations of international humanitarian law, including genocide, crimes against humanity and war crimes. Such crimes are very rarely committed by single individuals, but mostly by organizations or groups of cooperating persons. For a just determination of their guilt and responsibility, a fair assessment of the mutual relationships and cooperation forms of those individuals is indispensable. This book provides the framework for that assessment. It gives guidance to practitioners and scholars on how to understand and to apply international criminal law concepts such as 'common purpose', 'superior responsibility', 'duress' and the 'defence of superior orders'. It does so by bringing to light the roots of those concepts, which are hidden not only in earlier phases of development of international criminal law, but also in the domestic laws of various states. Elies van Sliedregt has received the Modderman Prize for criminal law 2006 for her dissertation The Criminal Responsibility of Individuals for Violations of International Humanitarian Law. This prestigious biennial prize is awarded by the Modderman foundation.
Contents
Attributing Responsibility.- to Part I.- Historical Survey: Collective Criminality and Individual Responsibility.- Perpetration and Participation.- Evaluation Part I.- to Part II.- Historical Survey: A Few Leading Cases.- Superior Responsibility at the Tribunals and the ICC.- The Concept of Superior Responsibility.- Evaluation Part II.- Averting Responsibility.- to Part III.- Grounds for Excluding Criminal Responsibility.- The Defence of Mistake and of Superior Orders.- Evaluation Part III.- A System of Responsibility.- Epilogue.- Summary.- Summary.- Nederlandse Samenvatting.- Nederlandse Samenvatting.
