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Extended Responsibility In International Criminal Law: Codifications And An Emerging Doctrine

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Chapter Summary

The general principles of international criminal law have been established mainly for the purposes of direct enforcement by international criminal tribunals and for the fairly restricted range of crimes under their jurisdiction. The codification work undertaken in the context of the International Law Commission (ILC) Draft Code of the Crimes against the Peace and Security of Mankind was long inconclusive and the experience of the Nuremberg and Tokyo Trials remained isolated. The concepts of extended responsibility, 'collective trend' and collective responsibility have been used as overall descriptive concepts referring to the various modes of responsibility, that are peculiar to the most serious international crimes. The doctrines of joint criminal enterprise, superior responsibility and conspiracy can all be characterised as 'extended' in comparison with the more common - and more direct - forms of individual criminal responsibility.

Keywords: criminal responsibility; international criminal law; international criminal tribunals; International Law Commission (ILC) Draft Code; joint criminal enterprise

10.1163/ej.9789004178076.i-488.24
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