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Title
Reconciling responsibility with reality : a comparative analysis of modes of active leadership liability in international criminal law / Johannes Block.
ISBN
9789462656079 (electronic bk.)
946265607X (electronic bk.)
9462656061
9789462656062
Published
Berlin, Germany : Asser Press, [2023]
Language
English
Description
1 online resource (511 pages) : illustrations (black and white).
Item Number
10.1007/978-94-6265-607-9 doi
Call Number
KZ7095
Dewey Decimal Classification
345/.04
Summary
This book explores the issue of leadership criminality from a new angle by comparing two highly relevant modes of responsibility. By contrasting individual criminal responsibility for ordering international crimes with indirect perpetration through an organisation, it shows the doctrinal weaknesses of the latter and outlines the much-overlooked advantages of the former. The volume analyses the development of both forms of responsibility, looking at their origins, and their reception in academia and practical use in jurisprudence. The history of indirect perpetration through an organisation (Organisationsherrschaft) is portrayed from its German academic origin, through German jurisprudence to the reception of the doctrine at the International Criminal Court. By comparing the doctrines stages of evolution, the book sheds light on the different aspects of the various models of indirect perpetration through an organisation and carves out general and fundamental criticism of it. The characteristics of ordering liability are explored in depth through an analysis of jurisprudence of the Nuremberg subsequent trials, the ad hoc tribunals and the International Criminal Court. This historic and doctrinal comparison reveals a well-defined and to-date much neglected mode of responsibility with enormous potential for the adjudication of leadership figures in the ambit of international criminal law and only one conclusion can follow from this analysis: it calls for practitioners and academics to leave the well-trodden paths of national criminal law doctrine and embrace truly international modes of liability such as the ordering of a crime. This volume in the ICJ series provides practitioners, researchers and students with a detailed account of forms of leadership liability and an innovative approach to the topics most discussed issue. Dr. Johannes Block is a criminal lawyer specializing in international criminal law, responsibility of leadership figures, questions of perpetration and participation in crime as well as the national-socialists crimes. He studied in Mnster, Germany and Bogot, Colombia and obtained his Dr. iur. from the University of Cologne, where he also worked and taught as a research assistant for several years. His legal clerkship led him to organized crime investigations, criminal defence, the European Commission and the German Federal Ministry of Justice.
Bibliography, etc. Note
Includes bibliographical references and index.
Access Note
Access limited to authorized users.
Source of Description
Description based on print version record.
Series
International criminal justice series ; v. 33.
Chapter 1. Introduction
Part I. Indirect Perpetration through an Organisation
Chapter 2. The German Origins of Indirect Perpetration through an Organised Apparatus of Power
Chapter 3 Indirect Perpetration through an Organisation under the Rome Statute
Part II. Responsibility for Ordering a Crime
Chapter 4. Historic Precedents: Ordering in Post-World War II Trials
Chapter 5. Responsibility for Ordering a Crime under the Jurisprudence of the Ad Hoc Tribunals for the Former Yugoslavia and Rwanda
Chapter 6. Responsibility for Ordering under Art. 25 (3) (b) of the Rome Statute
Part III. Comparison, Evaluation and Conclusion
Chapter 7. Comparison and Evaluation
Chapter 8. Conclusion: The Responsibility of Decision Makers for Ordering the Commission of International Crimes
Bibliography
Table of Cases
Index.
