Journal Article

Exploring International Criminal Law’s Reluctance to Resort to Modalities of Group Responsibility

Shachar Eldar

in Journal of International Criminal Justice

Volume 11, issue 2, pages 331-349
Published in print May 2013 | ISSN: 1478-1387
Published online March 2013 | e-ISSN: 1478-1395 | DOI: http://dx.doi.org/10.1093/jicj/mqt010
Exploring International Criminal Law’s Reluctance to Resort to Modalities of Group Responsibility

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In recent years, some prominent scholars of international criminal law have reacted to the phenomenon of collective perpetration of international crimes by advocating for a more collective-orientated jurisprudence in international criminal law. The fact remains, however, that international criminal law still strongly adheres to the concept of individual responsibility, surprisingly more so than many domestic common law and civil law jurisdictions. This article explores the deeply rooted differences between domestic and international criminal law, which hinder the quest for adoption of modalities of group responsibility in international criminal law. Five main challenges to the utility and legitimacy of international prosecutions are identified and assessed. This analysis leads to the conclusion that such challenges would be deepened should criminal responsibility under international criminal law be expanded to include broader forms of group responsibility.

Journal Article.  9963 words. 

Subjects: Criminal Law ; International Law

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