By Tracy Isaacs, Richard Vernon
Rules of collective accountability problem the doctrine of person accountability that's the dominant paradigm in legislation and liberal political thought. yet little recognition is given to the implications of maintaining teams liable for wrongdoing. teams will not be amenable to punishment within the approach that people are. Can they be punished - and if that is so, how - or are different treatments on hand? the subject crosses the borders of legislations, philosophy, and political technological know-how, and during this quantity experts in all 3 components give a contribution their views. They study the boundaries of person felony legal responsibility in addressing atrocity, the meanings of punishment and accountability, the distribution of staff punishment to a group's participants, and the skill wherein collective responsibility should be expressed. In doing so, they contemplate the legacy of the Nuremberg Trials, at the philosophical knowing of collective accountability, and at the position of collective responsibility in foreign political relatives
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Additional resources for Accountability for Collective Wrongdoing
In the end, the justice pursued by international criminal tribunals, although tangible, is also strikingly underinclusive. These limitations suggest that adequately redressing collective violence requires a discursive shift to other accountability mechanisms, including collective forms of responsibility. Any such discussion cannot be complete without 2 International (and internationalized) institutions include the International Criminal Court (ICC, 2002, now with 110 states as parties), ad hoc tribunals for Rwanda (International Criminal Tribunal for Rwanda, ICTR, 1994) and the former Yugoslavia (International Criminal Tribunal for the Former Yugoslavia, ICTY, 1993), the Special Court for Sierra Leone (SCSL, 2000), the Special Tribunal for Lebanon (STL, 2007), and hybrid panels or chambers that operate, or have recently operated, in Cambodia, Timor-Leste, and Kosovo.
This does not imply that conversations about the merits of collective criminal punishment or state crimes cannot or should not be had. It does mean, however, that in terms of pragmatics, those conversations contemplate sanctions that, at present, are not just disfavored but in some cases are actually viewed as illegal by the international community. Consequently, reinserting collective punishment in the dialogue entails scaling a steep uphill slope. Collective responsibility implies noncriminal sanctions that attach to groups whose misfeasance or nonfeasance is supportive of, acquiescent in, causally connected to, or necessary for serious violations of international criminal law to occur.
Chapter 11), 20. Vernon sets out “reasons for limiting the consequences of political liability. ” In terms of sanctions, Vernon mentions eliminating the political identity of the state (by incorporating it within a larger state or by dividing it into several pieces); imposing regime change; imposing strict limits on a state’s political capacity, particularly military capacity; restrictions on sovereignty such as enforced no-ﬂy zones, monitored guarantees to minorities, or international inspection regimes; and reparations.