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? |
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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 |
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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 |
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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 |
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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.
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Torts.
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International crimes.
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Liability, Legal
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torts.
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LAW -- Criminal Law -- General.
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International criminal law
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Torts
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Form |
Electronic book
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Author |
Ying, Joanna Chuah Hui, author
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LC no. |
2020691504 |
ISBN |
9781351258340 |
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1351258346 |
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9781351258364 |
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1351258362 |
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9781351258357 |
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1351258354 |
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9781351258333 |
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1351258338 |
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