By Tracy Isaacs, Richard Vernon
Principles of collective accountability problem the doctrine of person accountability that's the dominant paradigm in legislations and liberal political idea. yet little awareness is given to the results of conserving teams responsible for wrongdoing. teams should not amenable to punishment within the means that folks are. Can they be punished - and if that is so, how - or are different treatments on hand? the subject crosses the borders of legislation, philosophy, and political technological know-how, and during this quantity experts in all 3 components give a contribution their views. They research the bounds of person legal legal responsibility in addressing atrocity, the meanings of punishment and accountability, the distribution of workforce punishment to a group's individuals, and the ability wherein collective responsibility may be expressed. In doing so, they examine the legacy of the Nuremberg Trials, at the philosophical realizing of collective accountability, and at the position of collective responsibility in overseas political kinfolk
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Additional resources for Accountability for Collective Wrongdoing
These purported truths erroneously implicate her as a leader of the killings that form the basis of the charges and, ironically, as the author of a report that was faulted for falsely exonerating responsibility for the crime. The narrative emerging from Hannah’s trial is incorrect and consciously fabricated, largely because Hannah prefers to hide a truth that is more painful to her than a conviction for atrocity. ” Chicago-Kent Law Review 83 (2008): 336. Bernhard Schlink, The Reader, trans. Carol Brown Janeway (New York: Random House, 1997).
Alien Tort Claims Act, in which corporate entities have contestedly been held civilly liable for jus cogens violations on theories of aiding and abetting, envisions this broader form of responsibility. 43 Clearly, there are signiﬁcant institutional, jurisdictional, and operational hurdles to such a proposal, but by challenging our thinking, Lang does us a great service. Collective responsibility does not have to limit itself to agents of the perpetrator group. Would international institutions and foreign states have responded with the same nonfeasance to genocide in Rwanda or Srebrenica were they to be subject to the reach of collective sanctions?
3 Andr´e Nollkaemper, “Introduction,” in System Criminality in International Law, eds. Andr´e Nollkaemper and Hermen van der Wilt (Cambridge: Cambridge University Press, 2009), 3. 4 See prosecutor’s opening statement in the Miloˇsevi´c trial: “The accused in this case, as in all cases before the [ICTY], is charged as an individual. He is prosecuted on the basis of his individual criminal responsibility. No state or organisation is on trial here today. ” Prosecutor v. Miloˇsevi´c, Case No. IT-02-54-T, Prosecution Opening Statement, 4 (February 12, 2002).