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Criminal Law

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2012

Causation; causal; overdetermination; international criminal justice; international criminal law; atrocity

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Overdetermined Atrocities, James G. Stewart Jan 2012

Overdetermined Atrocities, James G. Stewart

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An event is overdetermined if there are multiple sufficient causes for its occurrence. A firing squad is a classic illustration. If eight soldiers are convened to execute a prisoner, they can all walk away afterwards in the moral comfort that “I didn’t really make a difference; it would have happened without me.” The difficulty is, if we are only responsible for making a difference to harm occurring in the world, none of the soldiers is responsible for the death — none made, either directly or through others, an essential contribution to its occurrence. In many respects, this dilemma is the …