Principled International Criminal Justice: Lessons from Tort Law (International and Comparative Criminal Justice)

Mark Findlay
Format: Hardcover
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Details

  • Hardcover: 208 pages
  • Publisher: Routledge; 1 edition (May 22, 2018)
  • Language: English
  • ISBN: 0815367007
  • EAN: 9780815367000
  • Shipping Weight: 1.7 pounds

Description

This book argues that deference to parallel jurisdiction in the development of ICL as a hybrid of major state traditions has impeded the development of a purpose-designed and principled international criminal jurisprudence. By exploring the manner in which the international criminal law jurisprudence has expanded the interpretation of responsibility through forms of secondary participation, it highlights the tensions arising between evidentiary issues associated with the collective nature of international crimes. The book calls for a fresh juridical reasoning which better aligns with the proof requirements of global crimes and the need to determine individualized criminal responsibility. In arguing for a more principled, rational and predictable approach to determining individual responsibility, the book explores why and how the application of common tort proofs in the considerations of contribution and aggregation offer more convincing proof technologies and are compatible with the wider victim-oriented aims for international criminal justice.

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