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E-book
Author Findlay, Mark, author

Title Principled international criminal justice : lessons from tort law / Mark Findlay, Joanna Chuah Hui Ying
Published New York, NY : Routledge, 2018

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Description 1 online resource
Series International and comparative criminal justice
Contents Principled International Criminal Justice- Front Cover; Principled International Criminal Justice; Title Page; Copyright Page; Contents; Preface; Chapter 1: Conceptualising international criminal justice; Introduction -- the aspirations of the Preamble; The role of peace-building and security; Differentiating international criminal justice from national traditions; Underlying principles and presumptions -- tensions between the national and the international; Realist interpretations of international criminal justice -- who is it for and how is it legitimated?
Measuring individual criminal responsibility against the end to impunity and peace-making -- is it just politics?More than domestic criminal justice plus; Conclusion; Chapter 2: Principle and pragmatism; International criminal justice meets international criminal law; International criminal law and procedure: where from and where to?; The African case-study -- the foundations of the recent member state exodus?; Complementarity, injustice and ways forward; Harmonisation, hybridity and individualism; Conclusion; Chapter 3: The mystery of individualism; Introduction
JCE at the national and international levelAiding and abetting; International criminal law approach to aiding and abetting; Problems with the 'specific direction' and 'substantial contribution' requirements; A new way forward?; Conclusion; Chapter 4: Contextualising global crimes; Introduction; A new international criminal jurisprudence: outcome-driven in addressing atrocity?; Limitations of nation-state law as the foundation for proving responsibility in global crimes -- the myth of mental state; The straightjacket of individual subjectivity
The nature of mass atrocities and the difficulties with causation and contributionGenocide -- proving the unprovable?; The dynamics of genocide; In conclusion; Chapter 5: Hybrid proof technologies; Introduction; Joint criminal enterprise and vicarious liability; How will the hybrid operate?; Substantive limbs of vicarious liability -- how they are open for merging; Implications of adopting the tort/crime hybrid for the proof of JCE III; Aiding and abetting and tortious contribution; The substantive limbs of aiding and abetting and how they are open for the hybrid proof approach
Implications of adopting the tort/crime hybrid in aiding and abettingWorking the model; Chapter 6: Vicissitude or vision?; Introduction; Shifting the substantive paradigm of international criminal trials; New crimes, new proofs; New approaches to criminalising organisations and their membership; New approaches to criminalising corporations; The tort/crime hybrid already in play!; Vision; Bibliography; Books; Journal articles and book chapters; Reports and news; Legislation; Case-Law; Index
Summary Commencing its search for a principled international criminal justice, this book argues that the Preamble to the Rome Statute requires a very different notion of justice than that which would be expected in domestic jurisdictions. This thinking necessitates theorising what international criminal justice requires in terms of its legitimacy much more than normative invocations, which in their unreality can endanger the satisfaction of two central concerns - the punitive and the harm-minimisation dimensions. The authors suggest that because of the unique nature and form of the four global crimes, pre-existing proof technologies are failing prosecutors and judges, forcing the development of an often unsustainable line of judicial reasoning. The empirical focus of the book is to look at JCE (joint criminal enterprise) and aiding and abetting as case-studies in thedistortion of proof tests. The substantial harm focus of ICJ (international criminal justice)invites applying compatible proof technologies from tort (causation, aggregation, and participation) The book concludes by examining recent developments in corporate criminal liability and criminalising associations, radically asserting that even in harmonising/hybridising international criminal law there resides a new and rational vision for the juridical project of international criminal justice
Bibliography Includes bibliographical references and index
Notes Description based on print version record
Subject International criminal law.
Torts.
International crimes.
Liability, Legal
torts.
LAW -- Criminal Law -- General.
International criminal law
Torts
Form Electronic book
Author Ying, Joanna Chuah Hui, author
LC no. 2020691504
ISBN 9781351258340
1351258346
9781351258364
1351258362
9781351258357
1351258354
9781351258333
1351258338