Accountability for Collective Wrongdoing

doi:10.1017/CBO9780511976780

Ideas of collective responsibility challenge the doctrine of individual responsibility that is the dominant paradigm in law and liberal political theory. But little attention is given to the consequences of holding groups accountable for wrongdoing. Groups are not amenable to punishment in the way that individuals are. Can they be punished – and if so, how – or are other remedies available? The topic crosses the borders of law, philosophy and political science, and in this volume specialists in all three areas contribute their perspectives. They examine the limits of individual criminal liability in addressing atrocity, the meanings of punishment and responsibility, the distribution of group punishment to a group's members, and the means by which collective accountability can be expressed. In doing so, they reflect on the legacy of the Nuremberg Trials, on the philosophical understanding of collective responsibility, and on the place of collective accountability in international political relations.

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Contents

Frontmatter
pp i-iv
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Contents
pp v-vi
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List of Contributors
pp vii-viii
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Acknowledgments
pp ix-x
- By Tracy Isaacs, University of Western Ontario, Richard Vernon, University of Western Ontario
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Introduction
pp 1-20
- By Tracy Isaacs, University of Western Ontario
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PART I - COLLECTIVE ACCOUNTABILITY IN INTERNATIONAL LAW
pp 21-22
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1 - Collective Responsibility and Postconflict Justice
pp 23-60
- By Mark A. Drumbl, Washington and Lee University
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2 - State Criminality and the Ambition of International Criminal Law
pp 61-91
- By David Luban, Georgetown University
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3 - Punishing Genocide: A Critical Reading of the International Court of Justice
pp 92-118
- By Anthony F. Lang, Jr., University of St. Andrews
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4 - Joint Criminal Enterprise, the Nuremberg Precedent, and the Concept of “Grotian Moment”
pp 119-139
- By Michael P. Scharf, Case Western Reserve University School of Law
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5 - Collective Responsibility and Transnational Corporate Conduct
pp 140-168
- By Sara L. Seck, University of Western Ontario
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6 - Collective Punishment and Mass Confinement
pp 169-190
- By Larry May, Australian National Universities
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PART II - DISTRIBUTING ACCOUNTABILITY
pp 191-192
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7 - Reparative Justice
pp 193-209
- By Erin I. Kelly, Tufts University
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8 - The Distributive Effect of Collective Punishment
pp 210-230
- By Avia Pasternak, University of Essex
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9 - Citizen Responsibility and the Reactive Attitudes: Blaming Americans for War Crimes in Iraq
pp 231-260
- By Amy Sepinwall, University of Pennsylvania
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10 - Kicking Bodies and Damning Souls: The Danger of Harming “Innocent” Individuals While Punishing “Delinquent” States
pp 261-286
- By Toni Erskine, University of Aberystwyth
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11 - Punishing Collectives: States or Nations?
pp 287-306
- By Richard Vernon, University of Western Ontario
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Index
pp 307-310
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Contents

Frontmatter
pp i-iv

Contents
pp v-vi

List of Contributors
pp vii-viii

Acknowledgments
pp ix-x

Introduction
pp 1-20

PART I - COLLECTIVE ACCOUNTABILITY IN INTERNATIONAL LAW
pp 21-22

1 - Collective Responsibility and Postconflict Justice
pp 23-60

2 - State Criminality and the Ambition of International Criminal Law
pp 61-91

3 - Punishing Genocide: A Critical Reading of the International Court of Justice
pp 92-118

4 - Joint Criminal Enterprise, the Nuremberg Precedent, and the Concept of “Grotian Moment”
pp 119-139

5 - Collective Responsibility and Transnational Corporate Conduct
pp 140-168

6 - Collective Punishment and Mass Confinement
pp 169-190

PART II - DISTRIBUTING ACCOUNTABILITY
pp 191-192

7 - Reparative Justice
pp 193-209

8 - The Distributive Effect of Collective Punishment
pp 210-230

9 - Citizen Responsibility and the Reactive Attitudes: Blaming Americans for War Crimes in Iraq
pp 231-260

10 - Kicking Bodies and Damning Souls: The Danger of Harming “Innocent” Individuals While Punishing “Delinquent” States
pp 261-286

11 - Punishing Collectives: States or Nations?
pp 287-306

Index
pp 307-310

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Accountability for Collective Wrongdoing

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