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Extended Responsibility In International Criminal Law: Jurisprudence

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Chapter Summary

General principles of international criminal law have been developed mainly for the purposes of international prosecution, either through particular codification efforts or through judicial interpretation by international tribunals. Some of the basic issues and arguments with regard to the scope of and grounds for criminal responsibility under international law were introduced already at the time of the post-World War II trials. Building on the post-World War II jurisprudence, the International Criminal Tribunal for the former Yugoslavia (ICTY) has made use of and further developed theories of collective liability, including command responsibility and the common purpose doctrine, in order to deal with crimes that by definition are committed to enforce a certain policy. Joint criminal enterprise, including its extended form, has become a major tool for the ICTY in addressing the responsibility of high political and military leaders.

Keywords: criminal responsibility; ICTY; international criminal law; post-World War II jurisprudence

10.1163/ej.9789004178076.i-488.20
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