System Criminality in International Law

doi:10.1017/CBO9780511596650

International crimes, such as crimes against humanity, genocide and war crimes, are committed by individuals. However, individuals rarely commit such crimes for their own profit. Instead, such crimes are often caused by collective entities. Notable examples include the 'dirty war' in Argentina in the 1970s and 1980s, the atrocities committed during the Balkan Wars in the early 1990s and the crimes committed during the ongoing armed conflicts in the Darfur area in Sudan. Referring to Darfur, the Prosecutor of the ICC noted in 2008 that, although he had indicted a few individuals, 'the information gathered points to an ongoing pattern of crimes committed with the mobilisation of the whole state apparatus'. This book reviews the main legal avenues that are available within the international legal order to address the increasingly important problem of system criminality and identifies possible improvements.

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Contents

Frontmatter
pp i-iv
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Contents
pp v-vi
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Preface
pp vii-viii
- By André Nollkaemper, Harmen van der Wilt, Menno Dolman, Jann Kleffner
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Table of cases
pp ix-xvi
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Table of treaties and international instruments
pp xvii-xxvii
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List of abbreviations
pp xxviii-xxx
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List of contributors
pp xxxi-xxxvi
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1 - Introduction
pp 1-25
- By André Nollkaemper
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2 - The policy context of international crimes
pp 26-41
- By Herbert C. Kelman
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3 - Why corporations kill and get away with it: the failure of law to cope with crime in organizations
pp 42-68
- By Maurice Punch
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4 - Men and abstract entities: individual responsibility and collective guilt in international criminal law
pp 69-100
- By Gerry Simpson
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5 - A historical perspective: from collective to individual responsibility and back
pp 101-126
- By Andrea Gattini
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6 - Command responsibility and Organisationsherrschaft: ways of attributing international crimes to the ‘most responsible’
pp 127-157
- By Kai Ambos
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7 - Joint criminal enterprise and functional perpetration
pp 158-182
- By Harmen van der Wilt
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8 - System criminality at the ICTY
pp 183-200
- By Elies van Sliedregt
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9 - Criminality of organizations under international law
pp 201-221
- By Nina H. B. Jørgensen
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10 - Criminality of organizations: lessons from domestic law – a comparative perspective
pp 222-237
- By Albin Eser, Felix Rettenmaier
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11 - The collective accountability of organized armed groups for system crimes
pp 238-269
- By Jann K. Kleffner
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12 - Assumptions and presuppositions: state responsibility for system crimes
pp 270-297
- By Iain Scobbie
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13 - State responsibility for international crimes
pp 298-313
- By Andreas Zimmermann, Michael Teichmann
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14 - Responses of political organs to crimes by states
pp 314-337
- By Nigel D. White
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15 - Conclusions and outlook
pp 338-354
- By André Nollkaemper, Harmen van der Wilt
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Index
pp 355-364
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System Criminality in International Law

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Contents

Frontmatter
pp i-iv

Contents
pp v-vi

Preface
pp vii-viii

Table of cases
pp ix-xvi

Table of treaties and international instruments
pp xvii-xxvii

List of abbreviations
pp xxviii-xxx

List of contributors
pp xxxi-xxxvi

1 - Introduction
pp 1-25

2 - The policy context of international crimes
pp 26-41

3 - Why corporations kill and get away with it: the failure of law to cope with crime in organizations
pp 42-68

4 - Men and abstract entities: individual responsibility and collective guilt in international criminal law
pp 69-100

5 - A historical perspective: from collective to individual responsibility and back
pp 101-126

6 - Command responsibility and Organisationsherrschaft: ways of attributing international crimes to the ‘most responsible’
pp 127-157

7 - Joint criminal enterprise and functional perpetration
pp 158-182

8 - System criminality at the ICTY
pp 183-200

9 - Criminality of organizations under international law
pp 201-221

10 - Criminality of organizations: lessons from domestic law – a comparative perspective
pp 222-237

11 - The collective accountability of organized armed groups for system crimes
pp 238-269

12 - Assumptions and presuppositions: state responsibility for system crimes
pp 270-297

13 - State responsibility for international crimes
pp 298-313

14 - Responses of political organs to crimes by states
pp 314-337

15 - Conclusions and outlook
pp 338-354

Index
pp 355-364

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System Criminality in International Law

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