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The United States is the world's leading foreign aid donor. Yet there has been little inquiry into how such assistance affects the politics and societies of recipient nations. Drawing on four decades of data on U.S. economic and military aid, Aiding and Abetting explores whether foreign aid does more harm than good. Jessica Trisko Darden challenges long-standing ideas about aid and its consequences, and highlights key patterns in the relationship between assistance and violence. She persuasively demonstrates that many of the foreign aid policy challenges the U.S. faced in the Cold War era, such as the propping up of dictators friendly to U.S. interests, remain salient today. Historical case studies of Indonesia, El Salvador, and South Korea illustrate how aid can uphold human freedoms or propagate human rights abuses. Aiding and Abetting encourages both advocates and critics of foreign assistance to reconsider its political and social consequences by focusing international aid efforts on the expansion of human freedom.
Presently, many of the greatest debates and controversies in international criminal law concern modes of liability for international crimes. The state of the law is unclear, to the detriment of accountability for major crimes and of the uniformity of international criminal law. The present book aims at clarifying the state of the law and provides a thorough analysis of the jurisprudence of international courts and tribunals, as well as of the debates and the questions these debates have left open. Renowned international criminal law scholars analyze, in discrete chapters, the modes of liability one by one; for each mode they identify the main trends in the jurisprudence and the main points of controversy. An introduction addresses the cross-cutting issues, and a conclusion anticipates possible evolutions that we may see in the future. The research on which this book is based was undertaken with the Geneva Academy.
Anchored by the normative framework, this book aims to clarify the basis for individual criminal liability for persons who finance entities that perpetrate core crimes. The objective of this monograph is to clarify the rules to enable international courts and tribunals to identify the extent to which individual criminal liability attaches to the financing of core crimes, as well as the legal basis for such liability. By clarifying the criminal liability of individual who finance entities that perpetrate core crimes, this book also seeks to clarify the mental elements of the mode of liability of aiding and abetting. This is achieved through a thorough analysis of the applicable rules in the international arena, as well as through the comparative analysis.
This authoritative treatise on bankruptcy fraud is an invaluable reference book for bankruptcy law practitioners, white-collar criminal lawyers, prosecutors, judges, restructuring professionals, and academicians. Bankruptcy Crimes is the only book extant on the subject and is unique in its dual perspective and analysis of criminality and bankruptcy law.
Brian Klaas of the London School of Economics believes in the transformative power of democracy. In this comprehensive book, he offers prescriptions for Western powers seeking to spread political freedom and critiques many of the halfhearted pro-democracy efforts of recent decades. The United States' recent misadventures in Iraq and Afghanistan chastened many who once espoused nation-building. But Klaas argues ceasing to promote democracy is a mistake. In addition to offering insights and examples gleaned from his global travels to investigate pseudo-democracies, Klaas also explores America itself, taking the US tradition of gerrymandering to task. At times, Klaas's crusade seems a bit too idealistic, but, ultimately, he makes a passionate and persuasive case for trying to expand democracy's shrinking reach.
Analysing the nature of complicity in international criminal law, this book provides an account of the growing attention being paid to the issue. Exploring the responsibilities of individuals, states, and non-state actors in their obligations, the changing status of complicity in international law is demonstrated.
Notions such as complicity, accessory liability, as well as aiding and abetting frequently appear in international criminal law. This study focuses on the relevant legal issues concerning secondary liability as a mode of individual criminal responsibility. The first section of the book looks into the distinction between primary and secondary liability, the nature of secondary liability, and the approaches to prevent secondary liability from being over-inclusive. Additional sections analyze the body of law that has been shaped by the trials conducted in the aftermath of World War II, the trials that have emerged from the ad hoc tribunals for the crimes committed in the former Yugoslavia (ICTY) and Rwanda (ICTR), and the trials which has been created by the EU Member States to the Rome Statute of the International Criminal Court (ICC). The main questions asked are: How does secondary liability relate to a system of perpetration and participation? How is it distinguished from other modes of liability? What are its actus reus and mens rea elements? Particular emphasis has been laid on the substantial and direct effect requirements, as well as on the notion of purposive facilitation. (Series: International Criminal Law - Vol. 3)
This book explores the philosophical underpinnings of the law's major doctrines concerning actus reus, mens rea, and defences, showing that they are not always driven by culpability but are grounded also in principles of moral responsibility, ascriptive responsibility, and wrongdoing.