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Theories of Co-Perpetration in International Criminal Law

Theories of Co-Perpetration in International Criminal Law

作者： Lachezar D. Yanev
出版商： Brill Nijhoff
ISBN: 9789004357495
出版时间 May 2018
规格： Hardback
适应领域： Netherlands ? 免责申明：
Countri(es) stated herein are used as reference only

￥3,213.01

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The proper construction of co-perpetration responsibility in international criminal law has become one of the most enduring controversies in this field, with the UN Tribunals endorsing the theory of joint criminal enterprise, and the International Criminal Court adopting the alternative joint control over the crime theory to define this mode of liability.

This book seeks to reconcile the ICTY/R's and ICC's jurisprudence by providing a definition of co-perpetration that could be uniformly applied in the two justice models that these institutions represent: the ad hoc- and the treaty-based model. An evaluation framework is adopted, pursuant to which the origins, merits and deficiencies of the said competing theories are critically assessed, and a refined legal framework of co-perpetration responsibility is proposed.

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