THEORIES OF CO-PERPETRATION IN INTERNATIONAL CRIMINAL LAW
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- Author: LACHEZAR D. YANEV
- ISBN: 9789004357495
- Availability: In Stock
Buy THEORIES OF CO-PERPETRATION IN INTERNATIONAL CRIMINAL LAW | Law Books , FOREIGN BOOKS
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.