Imputed Criminal Liability and the Goals of International Justice

Bibliographic Data

ID12186903
AuthorsShane Darcy (0000-0003-1440-5749, corresponding author)
Year2007
Volume20
Issue2
Pages377-404
Publication date2007-05-21
Peer ReviewedYes
Open AccessYes
TypeARTICLE
VenueLeiden Journal of International Law (JOURNAL)
Journal identifiersISSN: 0922-1565 • E-ISSN: 1478-9698
PublisherCambridge University Press (CUP) (PUBLISHER)
DOI10.1017/s0922156507004116
OpenAlexW2153793497
LanguageEN
Citations received2

This article considers the suitability of employing particular modes of imputed criminal liability in trials before international criminal tribunals. It focuses specifically on the doctrines of joint criminal enterprise and superior responsibility, two forms of liability which are central to many contemporary international criminal proceedings. Both doctrines can involve a broad form of criminal liability which may not be entirely appropriate when one considers the context in which such trials take place and the significance which often attaches to them. Proponents of international justice have contended that the contribution of these trials goes beyond basic accountability and providing justice for victims, extending also to peacemaking, reconciliation, deterrence, and the creation of a historical record. This article queries whether aspects of joint criminal enterprise liability and superior responsibility are appropriate when international justice is viewed in this light

Accountability · Context (archaeology · Criminal justice · Criminal law · Criminal liability · Deterrence (psychology · Economic Justice · Law and economics · Liability · Political science · Sociology · Theory of criminal justice · International Law and Human Rights · Law · Torture, Ethics, and Law · Wildlife Conservation and Criminology Analyses

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