Theories of Co-perpetration in International Criminal Law


Book Description

The proper construction of co-perpetration responsibility in international criminal law has become one of the most enduring controversies in this field, with the UN Tribunals endorsing the theory of joint criminal enterprise, and the International Criminal Court adopting the alternative joint control over the crime theory to define this mode of liability. This book seeks to reconcile the ICTY/R’s and ICC’s jurisprudence by providing a definition of co-perpetration that could be uniformly applied in the two justice models that these institutions represent: the ad hoc- and the treaty-based model. An evaluation framework is adopted, pursuant to which the origins, merits and deficiencies of the said competing theories are critically assessed, and a refined legal framework of co-perpetration responsibility is proposed.










Philippine Materials in International Law


Book Description

The most authoritative international law documents in Philippine history are brought together in one book for the first time. These are primary materials that illuminate Philippine interpretations of international law doctrine.




The Fundamental Concept of Crime in International Criminal Law


Book Description

This book examines the rapid development of the fundamental concept of a crime in international criminal law from a comparative law perspective. In this context, particular thought has been given to the catalyzing impact of the criminal law theory that has developed in major world legal systems upon the crystallization of the substantive part of international criminal law. This study offers a critical overview of international and domestic jurisprudence with regard to the construal of the concept of a crime (actus reus, mens rea, defences, modes of liability) and exposes roots of confusion in international criminal law through a comprehensive comparative analysis of substantive criminal laws in selected legal jurisdictions.




International Humanitarian Law


Book Description

Provides an accessible, scholarly, and up-to-date examination of international humanitarian law.




Blowback


Book Description

A searing account of a dark “chapter in U.S. Cold War history . . . to help the anti-Soviet aims of American intelligence and national security agencies” (Library Journal). Even before the final shots of World War II were fired, another war began—a cold war that pitted the United States against its former ally, the Soviet Union. As the Soviets consolidated power in Eastern Europe, the CIA scrambled to gain the upper hand against new enemies worldwide. To this end, senior officials at the CIA, National Security Council, and other elements of the emerging US national security state turned to thousands of former Nazis, Waffen Secret Service, and Nazi collaborators for propaganda, psychological warfare, and military operations. Many new recruits were clearly responsible for the deaths of countless innocents as part of Adolph Hitler’s “Final Solution,” yet were whitewashed and claimed to be valuable intelligence assets. Unrepentant mass murderers were secretly accepted into the American fold, their crimes forgotten and forgiven with the willing complicity of the US government. Blowback is the first thorough, scholarly study of the US government’s extensive recruitment of Nazis and fascist collaborators right after the war. Although others have approached the topic since, Simpson’s book remains the essential starting point. The author demonstrates how this secret policy of collaboration only served to intensify the Cold War and has had lasting detrimental effects on the American government and society that endure to this day.




Hitler's Generals on Trial


Book Description

By prosecuting war crimes, the Nuremberg trials sought to educate West Germans about their criminal past, provoke their total rejection of Nazism, and convert them to democracy. More than all of the other Nuremberg proceedings, the High Command Case against fourteen of Hitler's generals embraced these goals, since the charges-the murder of POWs, the terrorizing of civilians, the extermination of Jews-also implicated the 20 million ordinary Germans who had served in the military. This trial was the true test of Nuremberg's potential to inspire national reflection on Nazi crime. Its importance notwithstanding, the High Command Case has been largely neglected by historians. Valerie Hébert's study—the only book in English on the subject—draws extensively on the voluminous trial records to reconstruct these proceedings in full: prosecution and defense strategies; evidence for and against the defendants and the military in general; the intricacies of the judgment; and the complex legal issues raised, such as the defense of superior orders, military necessity, and command responsibility. Crucially, she also examines the West German reaction to the trial and the intense debate over its fairness and legitimacy, ignited by the sentencing of soldiers who were seen by the public as having honorably defended their country. Hébert argues that the High Command Trial was itself a success, producing eleven guilty verdicts along with an incontrovertible record of the German military's crimes. But, viewing the trial from beyond the courtroom, she also contends that it made no lasting imprint on the German public's consciousness. And because the United States was eager to secure West Germany as an ally in the Cold War, American officials eventually consented to parole and clemency programs for all of the convicted officers, so that by the late 1950s not one remained imprisoned. Superbly researched and impeccably told, Hitler's Generals on Trial addresses fundamental questions concerning the meaning of justice after atrocity and genocide, the moral imperative of punishment for these crimes, the link between justice and memory, and the relevance of the Nuremberg trials for transitional justice processes today. Inasmuch as these trials coined the vocabulary of modern international criminal law and set an agenda for transitional justice that remains in place today, Hébert's book marks a major contribution to military and legal history.




Translating Guilt


Book Description

This book seeks to understand how and why we should hold leaders responsible for the collective mass atrocities that are committed in times of conflict. It attempts to untangle the debates on modes of liability in international criminal law (ICL) that have become truly complex over the last twenty years, and to provide a way to identify the most appropriate model for leadership liability. A unique comparative theory of ICL is offered, which clarifies the way in which ICL develops as a patchwork of different domestic criminal law notions. This theory forms the basis for the comparison of some influential domestic criminal law systems, with a view to understanding the policy and cultural reasons for their differences. There is a particular focus on the background of the German law which has influenced the International Criminal Court so much recently. This helps to understand, and seek a solution to, the current impasses in the debates on which model of liability should be applied. An entire chapter of the book is devoted to considering why leaders should be held responsible for crimes committed by their subordinates, from legal, moral and pragmatic perspectives. The moral responsibility of leaders is translated into criminal liability, and the different domestic models of liability are translated to the international context, in such a way as to appeal to advanced students of ICL, academics, and practitioners who want to understand the complexities of leadership liability in international criminal law today and identify the best way to approach it. Cassandra Steer is Executive Director of Women in International Security Canada, and Junior Wainwright Fellow at McGill University, Canada. She holds a Ph.D. in Law from the University of Amsterdam, The Netherlands.