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Complicity; aiding and abetting; unitary theory of perpetration; modes of liability; superior responsibility; joint criminal enterprise; JCE; theory of criminal law; international criminal justice
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The End Of 'Modes Of Liability' For International Crimes, James G. Stewart
The End Of 'Modes Of Liability' For International Crimes, James G. Stewart
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Modes of liability, such as ordering, instigation, superior responsibility and joint criminal liability, are arguably the most discussed topics in modern international criminal justice. In recent years, a wide range of scholars have rebuked some of these modes of liability for compromising basic concepts in liberal notions of blame attribution, thereby reducing international defendants to mere instruments for the promotion of wider socio-political objectives. Critics attribute this willingness to depart from orthodox concepts of criminal responsibility to international forces, be they interpretative styles typical of human rights or aspirations associated with transitional justice. Strangely, however, complicity has avoided these criticisms …