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Complicity in International Law

Complicity in International Law

作者： Miles Jackson
出版商： Oxford University Press
ISBN: 9780198736936
出版时间 March 2015
规格： Hardback , 272 pages
适应领域： International ? 免责申明：
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- Provides analytical account of complicity in international law
- Assesses various doctrinal disputes in the content of the rules, including the current controversy concerning the criterion of 'specific direction' for aiding and abetting at the International Criminal Tribunal for the former Yugoslavia
- Provides a model for understanding how complicity rules are structured in international criminal law and critiques that there is no differentiation in the attribution of responsibility
- Explains how international law increasingly prohibits state complicity in the wrongdoing of other states
This book examines how international law prohibits state and individual complicity. Complicity is a derivative form of responsibility that links an accomplice to the wrongdoing of a principal actor. Whenever a legal system prohibits complicity, it must address certain questions as to the content and structure of the rules. To understand how international law answers these questions, this book proposes an analytical framework in which complicity rules may be assessed and defends a normative claim as to how they should be structured.

Anchored by this framework and normative claim, this book shows that international criminal law regulates individual complicity in a comprehensive way, using the doctrines of instigation and aiding and abetting to inculpate complicit participants in international crimes. By contrast, international law's regulation of state complicity was historically marked by an absence of complicity rules. This is changing. In respect of state complicity in the wrongdoing of another state, international law now imposes both specific and general complicity obligations, the latter prohibiting states from aiding or assisting another state in the commission of any internationally wrongful act. In respect of the ways that states participate in harms caused by non-state actors, the traditional normative structure of international law, which imposed obligations only on states, foreclosed the possibility of prohibiting the state's participation as a form of complicity. As that traditional normative structure has evolved, so the possibility of holding states responsible for complicity in the wrongdoing of non-state actors has emerged.

More and more, both the wrongs that international actors commit, and the wrongs they help or encourage others to commit, matter.

Readership: Scholars of international law, including international criminal law; government and NGO legal advisers; and practitioners of international criminal law
A Theory of Complicity
1.: Introduction
2.: The Structure of Complicity
Complicity in International Criminal Law
3.: Individual Criminal Responsibility
4.: Archetypal Doctrines of Complicity in International Criminal Law
5.: Omissions and Complicity in International Criminal Law
State Complicity in International Law
6.: State Complicity- A Framework
7.: State Complicity in the Internationally Wrongful Act of Another State
8.: State Complicity, Non-State Actors, and Attribution
9.: State Complicity and the Obligations of Non-State Actors
Conclusion
10.: Conclusion
Miles Jackson is the Global Justice Research Fellow at St Anne's College, University of Oxford, and convenor of Oxford Transitional Justice Research. He holds MA and DPhil degrees from the University of Oxford, where he was a Rhodes Scholar, and a LL.M. degree from Harvard Law School. He has taught constitutional law, administrative law, and criminal justice and human rights at the University of Oxford. Miles is a former clerk of the Constitutional Court of South Africa and a former chair of Oxford Pro Bono Publico.

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