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  • © 2017

Translating Guilt

Identifying Leadership Liability for Mass Atrocity Crimes

Authors:

  • A thorough comparative analysis of key domestic jurisdictions with influence on current developments in international criminal law, including the policy reasons for the differences between them
  • Compares how these analyzed key domestic jurisdictions have been translated to international modes of liability
  • Helps practitioners in making an explicit and justified choice in applying any given mode of liability
  • Includes supplementary material: sn.pub/extras

Part of the book series: International Criminal Justice Series (ICJS, volume 9)

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Table of contents (10 chapters)

  1. Front Matter

    Pages i-xv
  2. Laying the Foundations

    1. Front Matter

      Pages 7-7
    2. Leadership Liability for Collective Crimes

      • Cassandra Steer
      Pages 9-20
    3. Putting the Leaders of Mass Atrocity on Trial

      • Cassandra Steer
      Pages 21-49
    4. Applying the Tools

      • Cassandra Steer
      Pages 83-110
  3. Leadership Liability Through a Comparative Lens

    1. Front Matter

      Pages 111-111
    2. Objectivity Reflected in the Civil Law Tradition

      • Cassandra Steer
      Pages 185-247
    3. Shifting Trends in International Tribunals

      • Cassandra Steer
      Pages 249-333
  4. Patchworking a Solution to Leadership Liability

    1. Front Matter

      Pages 335-335
  5. Back Matter

    Pages 389-399

About this book

This book seeks to understand how and why we should hold leaders responsible for the collective mass atrocities that are committed in times of conflict. It attempts to untangle the debates on modes of liability in international criminal law (ICL) that have become truly complex over the last twenty years, and to provide a way to identify the most appropriate model for leadership liability. A unique comparative theory of ICL is offered, which clarifies the way in which ICL develops as a patchwork of different domestic criminal law notions. This theory forms the basis for the comparison of some influential domestic criminal law systems, with a view to understanding the policy and cultural reasons for their differences. There is a particular focus on the background of the German law which has influenced the International Criminal Court so much recently. This helps to understand, and seek a solution to, the current impasses in the debateson which model of liability should be applied.

An entire chapter of the book is devoted to considering why leaders should be held responsible for crimes committed by their subordinates, from legal, moral and pragmatic perspectives. The moral responsibility of leaders is translated into criminal liability, and the different domestic models of liability are translated to the international context, in such a way as to appeal to advanced students of ICL, academics, and practitioners who want to understand the complexities of leadership liability in international criminal law today and identify the best way to approach it.

Cassandra Steer is Executive Director of Women in International Security Canada, and Junior Wainwright Fellow at McGill University, Canada. She holds a Ph.D. in Law from the University of Amsterdam, The Netherlands.


Authors and Affiliations

  • Faculty of Law, McGill University , Montreal, Canada

    Cassandra Steer

Bibliographic Information

Societies and partnerships

Buy it now

Buying options

eBook USD 139.00
Price excludes VAT (USA)
  • Available as EPUB and PDF
  • Read on any device
  • Instant download
  • Own it forever
Hardcover Book USD 179.99
Price excludes VAT (USA)
  • Durable hardcover edition
  • Dispatched in 3 to 5 business days
  • Free shipping worldwide - see info

Tax calculation will be finalised at checkout

Other ways to access