Journal Article

The Theory of Criminal Liability and International Criminal Law

George P. Fletcher

in Journal of International Criminal Justice

Volume 10, issue 5, pages 1029-1044
Published in print December 2012 | ISSN: 1478-1387
Published online November 2012 | e-ISSN: 1478-1395 | DOI: http://dx.doi.org/10.1093/jicj/mqs086
The Theory of Criminal Liability and International Criminal Law

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International criminal law is a relatively young discipline and draws on both international law and criminal law theories. Arguably, the absence of a Dogmatik may prevent the formation of an authentic system of international criminal law. However, the author shows there is room to build a proper theory of criminal liability in international criminal law. He illustrates, through examples and analogies drawn from his own experience, how practice can be usefully guided and interpreted through the lens of legal scholarship. In paying tribute to Antonio Cassese, he argues in favour of a role for scholars and emphasizes the contribution of ‘good’ teaching and open minded research in constructing a system of international criminal law.

Journal Article.  8273 words. 

Subjects: Criminal Law ; International Law

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