Download Free Indirect Perpetrators Book in PDF and EPUB Free Download. You can read online Indirect Perpetrators and write the review.

This work is an examination of the very first systematic attempt to bring before the courts and prosecute those who had directly or indirectly contributed to a crime against humanity by informing upon others during the National Socialist era in Germany. Szanajda looks at the theoretical and practical problems associated with this process and examines of how this process actually worked in practice in the immediate postwar era in the Western Occupation Zones and the Federal Republic of Germany.
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.
The proper construction of co-perpetration responsibility in international criminal law has become one of the most enduring controversies in this field, with the UN Tribunals endorsing the theory of joint criminal enterprise, and the International Criminal Court adopting the alternative joint control over the crime theory to define this mode of liability. This book seeks to reconcile the ICTY/R’s and ICC’s jurisprudence by providing a definition of co-perpetration that could be uniformly applied in the two justice models that these institutions represent: the ad hoc- and the treaty-based model. An evaluation framework is adopted, pursuant to which the origins, merits and deficiencies of the said competing theories are critically assessed, and a refined legal framework of co-perpetration responsibility is proposed.
“A pathbreaking meditation . . . shifts the discussion . . . from . . . notions of guilt and innocence to the complexities of responsibility and accountability.” —Amir Eshel, Stanford University When it comes to historical violence and contemporary inequality, none of us are completely innocent. We may not be direct agents of harm, but we may still contribute to, inhabit, or benefit from regimes of domination that we neither set up nor control. Arguing that the familiar categories of victim, perpetrator, and bystander do not adequately account for our connection to injustices past and present, Michael Rothberg offers a new theory of political responsibility through the figure of the implicated subject. The Implicated Subject builds on the comparative, transnational framework of Rothberg's influential work on memory to engage in reflection and analysis of cultural texts, archives, and activist movements from such contested zones as transitional South Africa, contemporary Israel/Palestine, post-Holocaust Europe, and a transatlantic realm marked by the afterlives of slavery. An array of globally prominent artists, writers, and thinkers—from William Kentridge, Hito Steyerl, and Jamaica Kincaid, to Hannah Arendt, Primo Levi, Judith Butler, and the Combahee River Collective—speak show how confronting our own implication in difficult histories can lead to new forms of internationalism and long-distance solidarity. “A significant work by a major scholar . . . .While drawing on a global range of histories and texts, the book never loses focus on the contemporary moment.” —Robert Eaglestone, Royal Holloway, University of London “Offer[s] a fresh vocabulary to confront our personal and collective responsibility in the face of massive political violence, past and present.” —Marianne Hirsch, Columbia University
Measuring the social and economic costs of violence can be difficult, and most estimates only consider direct economic effects, such as productivity loss or the use of health care services. Communities and societies feel the effects of violence through loss of social cohesion, financial divestment, and the increased burden on the healthcare and justice systems. Initial estimates show that early violence prevention intervention has economic benefits. The IOM Forum on Global Violence Prevention held a workshop to examine the successes and challenges of calculating direct and indirect costs of violence, as well as the potential cost-effectiveness of intervention.
This handbook explores criminal law systems from around the world, with the express aim of stimulating comparison and discussion. General principles of criminal liability receive prominent coverage in each essay—including discussions of rationales for punishment, the role and design of criminal codes, the general structure of criminal liability, accounts of mens rea, and the rights that criminal law is designed to protect—before the authors turn to more specific offenses like homicide, theft, sexual offenses, victimless crimes, and terrorism. This key reference covers all of the world's major legal systems—common, civil, Asian, and Islamic law traditions—with essays on sixteen countries on six different continents. The introduction places each country within traditional distinctions among legal systems and explores noteworthy similarities and differences among the countries covered, providing an ideal entry into the fascinating range of criminal law systems in use the world over.
In this book, Elies van Sliedregt examines the concept of individual criminal responsibility for violations of international humanitarian law, including genocide, crimes against humanity and war crimes. Such crimes are very rarely committed by single individuals, but mostly by organizations or groups of cooperating persons. For a just determination of their guilt and responsibility, a fair assessment of the mutual relationships and cooperation forms of those individuals is indispensable. This book provides the framework for that assessment. It gives guidance to practitioners and scholars on how to understand and to apply international criminal law concepts such as 'common purpose', 'superior responsibility', 'duress' and the 'defence of superior orders'. It does so by bringing to light the roots of those concepts, which are hidden not only in earlier phases of development of international criminal law, but also in the domestic laws of various states. Elies van Sliedregt has received the Modderman Prize for criminal law 2006 for her dissertation The Criminal Responsibility of Individuals for Violations of International Humanitarian Law. This prestigious biennial prize is awarded by the Modderman foundation.
This book provides detailed analyses of systems that have been established to provide reparations to victims of genocide, crimes against humanity and war crimes, and the way in which these systems have worked and are working in practice. Many of these systems are described and assessed for the first time in an academic publication. The publication draws upon a groundbreaking Conference organised by the Clemens Nathan Research Centre (CNRC) and REDRESS at the Peace Palace in The Hague, with the support of the Dutch Carnegie Foundation. Both CNRC and REDRESS had become very concerned about the extreme difficulty encountered by most victims of serious international crimes in attempting to access effective and enforceable remedies and reparation for harm suffered. In discussions between the Conference organisers and Judges and officials of the International Criminal Court, it became ever more apparent that there was a great need for frank and open exchanges on the question of effective reparation, between the representatives of victims, of NGOs and IGOs, and other experts. It was clear to all that the many current initiatives of governments and regional and international institutions to afford reparations to victims of genocide, crimes against humanity and war crimes could benefit greatly by taking into full account the wide and varied practice that had been built up over several decades. In particular, the Hague Conference sought to consider in detail the long experience of the Conference on Jewish Material Claims against Germany (the Claims Conference) in respect of Holocaust restitution programmes, as well as the practice of truth commissions, arbitral proceedings and a variety of national processes to identify common trends, best practices and lessons. This book thus explores the actions of governments, as well as of national and international courts and commissions in applying, processing, implementing and enforcing a variety of reparations schemes and awards. Crucially, it considers the entire complex of issues from the perspective of the beneficiaries - survivors and their communities - and from the perspective of the policy-makers and implementers tasked with resolving technical and procedural challenges in bringing to fruition adequate, effective and meaningful reparations in the context of mass victimisation.