Inicio > Derecho > Derecho internacional > Reconciling Responsibility with Reality
Reconciling Responsibility with Reality

Reconciling Responsibility with Reality

Johannes Block

217,54 €
IVA incluido
Consulta disponibilidad
Editorial:
Springer Nature B.V.
Año de edición:
2023
Materia
Derecho internacional
ISBN:
9789462656062

Selecciona una librería:

  • Librería Samer Atenea
  • Librería Aciertas (Toledo)
  • Kálamo Books
  • Librería Perelló (Valencia)
  • Librería Elías (Asturias)
  • Donde los libros
  • Librería Kolima (Madrid)
  • Librería Proteo (Málaga)

This book explores the issue of leadership criminality from a new angle by comparing two highly relevant modes of responsibility. By contrasting individual criminal responsibility for ordering international crimes with indirect perpetration through an organisation, it shows the doctrinal weaknesses of the latter and outlines the much-overlooked advantages of the former. The volume analyses the development of both forms of responsibility, looking at their origins, and their reception in academia and practical use in jurisprudence.The history of indirect perpetration through an organisation (Organisationsherrschaft) is portrayed from its German academic origin, through German jurisprudence to the reception of the doctrine at the International Criminal Court. By comparing the doctrine’s stages of evolution, the book sheds light on the different aspects of the various models of indirect perpetration through an organisation and carves out general and fundamental criticism of it. The characteristics of ordering liability are explored in depth through an analysis of jurisprudence of the Nuremberg subsequent trials, the ad hoc tribunals and the International Criminal Court. This historic and doctrinal comparison reveals a well-defined and to-date much neglected mode of responsibility with enormous potential for the adjudication of leadership figures in the ambit of international criminal law and only one conclusion can follow from this analysis: it calls for practitioners and academics to leave the well-trodden paths of national criminal law doctrine and embrace truly international modes of liability such as the ordering of a crime.This volume in the ICJ series provides practitioners, researchers and students with a detailed account of forms of leadership liability and an innovative approach to the topic’s most discussed issue.Dr. Johannes Block is a criminal lawyer specializing in international criminal law, responsibility of leadership figures, questions of perpetration and participation in crime as well as the national-socialists’ crimes. He studied in Münster, Germany and Bogotá, Colombia and obtained his Dr. iur. from the University of Cologne, where he also worked and taught as a research assistant for several years. His legal clerkship led him to organized crime investigations, criminal defence, the European Commission and the German Federal Ministry of Justice.

Artículos relacionados

  • Comparative regulation, economic analysis, and applications of private equity in the united states and european union
    Irini Liakopoulou
    The present work examines the economics and legal doctrine of private equity. After a consideration of private equity’s origins, the book will explore the evolution of private equity in the United States and Europe. The reference economic model then will be reconstructed, with particular attention to financial flows to and from private equity firms and funds. This reconstructio...
  • Complicity in International Law
    Dimitris Liakopoulous
    Complicity in International Law aims to analyze questions arising from a state’s complicity in conflict with another state or an international organization. On the basis of international legal provisions, a state that assists the illicit fact of another state or an international organization in turn commits an offense if it is aware of the main fact and is bound by the same obl...
  • Command responsibility
    James B Whisker / Kevin R Spiker
    Command responsibility, or executive accountability, assumes that leaders are responsible for the actions of their subordinates. If subordinates misbehave, violate basic moral laws, transgress international law, or thwart international standards of behavior, their leader may be called before to justice. Standards that set the boundaries of human action have been evolving for ma...
  • International Organizations and Reparations
    Dimitris Liakopoulos
    In the first part of this book, noted legal scholar Dimtris Liakopoulos deals with reconstructing the legal regulatory framework governing human rights violations in the activities of organizations. After identifying rules that are generally applicable to organizations’ offenses and govern the profile of reparations, this study assesses primary rules that guarantee the right to...
  • International Organizations and Legal Sanctions Against Governments
    Dimitris Liakopoulos
    This book examines the relationship between governments and international organizations under international law. After surveying the policing powers of international organizations under international law, it illustrates some normative aspects of law that distinguish regulation from enforcement via study of recent legal cases before international judicial bodies. According to Di...
  • The EU Foreign Subsidies Regulation
    Andreas Reindl / Isabelle Van Damme
    'The EU Foreign Subsidies Regulation' is a pioneering manual authored by legal experts Andreas Reindl and Isabelle Van Damme. This essential guide, the first of its kind, is tailored for legal practitioners, offering a thorough exploration of the tools and mechanisms embedded within this novel European regulatory framework. The authors meticulously dissect the EU Foreign Subsid...