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The Criminal Responsibility of Individuals for Violations of International Humanitarian Law [Hardcover]

E. van Sliedregt (Author)

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Book Description

November 15, 2003 9067041661 978-9067041669 1st Edition.
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.

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Book Description

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, as well as giving guidance on international criminal law concepts such as 'common purpose', 'superior responsibiltiy', and 'duress'.

About the Author

Elies van Sliedregt, Author, Ph.D. student, Tilburg University, The Netherlands.

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Inside This Book (learn more)
First Sentence:
War criminality often connotes a plurality of offenders. Read the first page
Key Phrases - Statistically Improbable Phrases (SIPs): (learn more)
collective criminality theory, superior responsibility, diminished mental responsibility, absolute liability rule, indirect perpetration, joint perpetration, complicity mode, excluding criminal responsibility, national underpinnings, common purpose doctrine, complicity liability, joint criminal enterprise, participatory liability, averting responsibility, duress plea, most civil law systems, attributing criminal responsibility, complicity after the fact, moral choice test, advertent recklessness, international law defences, war crimes law, dolus eventualis, indirect perpetrator, criminal law defences
Key Phrases - Capitalized Phrases (CAPs): (learn more)
Appeals Chamber, World War, Draft Code, United States, High Command, Geneva Conventions, Rome Statute, Dutch Supreme Court, International Criminal Court, Dutch Penal Code, Siracusa Draft, Akayesu Judgement, Draft Statute, Preparatory Committee, Tokyo Judgement, New York, Northern Ireland, Judge Vohrah, Model Penal Code, Nuremberg Tribunal, Revue Belge de Droit International, Cerkez Judgement, Prime Minister, Diplomatic Conference, House of Lords
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