Collective Responsibility and Accountability under International Law examines the extent to which the basic principle of individual responsibility accommodates liability for the acts of others. It examines the debates and legal developments surrounding collective responsibility under international law. The philosophical debates on collective responsibility provide an introduction to the examination of whether collective responsibility is ever appropriate or even lawful under international law. As the international criminal justice project begins to flourish, it is of paramount importance that the extent of the potential liability of individuals for the acts of others is clarified and held up to rigorous scrutiny.
It is of equal importance that there is a clear
understanding of whether the means of responding to ongoing violations of international humanitarian law can include measures based on collective responsibility. Global events have created an impetus for the parameters of responsibility to be clearly defined. The rise of non-State actors within the international legal regime raises complex questions surrounding their status, power and the means for holding them accountable.
Published under the Transnational Publishers imprint.
Dr. Shane Darcy is Lecturer in Law at Transitional Justice Institute, University of Ulster.
Table of contents
Acknowledgments, Foreword, Introduction,
Part A: The Decline of the Concept of
Collective Responsibility Under International Humanitarian Law, Introduction: The Legal Regulation of Wartime Conduct, Chapter
I. Collective Punishment, Chapter
II. Hostage-Taking, Chapter
III. Belligerent Reprisals,
Part B: Collective Responsibility From the Battlefield to the Courtroom: Liability for the Acts of Others Under International Criminal Law, Introduction: The Birth of International Criminal Justice, Chapter
IV. Conspiracy, Common Plan, and Joint Criminal Enterprise Liability, Chapter
V. Criminal Organizations, Chapter
VI. Superior Responsibility, Conclusion, Bibliography, Table of Cases, Table of Treaties, Index, About the PAIL Institute.