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dc.contributor.authorAKSENOVA, Marina 
dc.date.accessioned2017-01-04T14:10:51Z
dc.date.available2017-01-04T14:10:51Z
dc.date.issued2016
dc.identifier.citationPortland : Hart Publishing, 2016, Studies in international law, V. 15en
dc.identifier.isbn9781509900084
dc.identifier.isbn9781509900107
dc.identifier.urihttp://hdl.handle.net/1814/44564
dc.descriptionThis work was awarded the Paul Guggenheim Prize 2019, a prize awarded to a monograph on an important theme in the field of public international law (except European law)
dc.description.abstractThis book tackles one of the most contentious aspects of international criminal law – the modes of liability. At the heart of the discussion is the quest for balance between the accused's individual contribution and the collective nature of mass offending. The principle of legality demands that there exists a well-defined link between the crime and the person charged with it. This is so even in the context of international offending, which often implies 'several degrees of separation' between the direct perpetrator and the person who authorises the atrocity. The challenge is to construct that link without jeopardising the interests of justice. This monograph provides the first comprehensive treatment of complicity within the discipline and beyond. Extensive analysis of the pertinent statutes and jurisprudence reveals gaps in interpreting accessorial liability. Simultaneously, the study of complicity becomes a test for the general methods and purposes of international criminal law. The book exposes problems with the sources of law and demonstrates the absence of clearly defined sentencing and policy rationales, which are crucial tools in structuring judicial discretion.en
dc.description.tableofcontents-- 1. Introduction -- 2. Origins of Complicity: The Domestic Law Intake -- 3. The Evolution of Complicity as a Construction for Dealing with Collective Criminality -- 4. Complicity in the Jurisprudence of the Ad Hoc Tribunals and Hybrid Courts -- 5. Complicity and the Hierarchy of the Participation Modes at the International Criminal Court -- 6. Complicity in International Criminal Law and Law of State Responsibility: A Comparative Analysis -- 7. The Correlation between Complicity and Sentencing -- 8. Conclusion: The Place of Complicity in International Criminal Lawen
dc.language.isoenen
dc.relation.isversionofhttp://hdl.handle.net/1814/32092en
dc.titleComplicity in international criminal lawen
dc.typeBooken
eui.subscribe.skiptrue
dc.description.versionPublished version of EUI PhD thesis, 2014en


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