By Tracy Isaacs, Richard Vernon
Principles of collective accountability problem the doctrine of person accountability that's the dominant paradigm in legislations and liberal political idea. yet little awareness is given to the implications of conserving teams chargeable for wrongdoing. teams usually are not amenable to punishment within the manner that folks are. Can they be punished - and if that is so, how - or are different treatments to be had? the subject crosses the borders of legislation, philosophy, and political technology, and during this quantity experts in all 3 components give a contribution their views. They study the bounds of person felony legal responsibility in addressing atrocity, the meanings of punishment and accountability, the distribution of staff punishment to a group's contributors, and the skill during which collective responsibility may be expressed. In doing so, they think about the legacy of the Nuremberg Trials, at the philosophical figuring out of collective accountability, and at the position of collective responsibility in foreign political relatives
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204). For this reason, when an individual has misgivings about the collective actions of her group, she may take responsibility as a group member even if her own contribution to the misdeed is marginal. Note that Kelly does not understand reparative schemes as forms of punishment. Indeed, she does not believe that complicity is a sufﬁcient basis for either individual or collective punishment. Reparative justice as she understands it calls for measures that follow from taking responsibility, such as acknowledging the wrong done, compensating those who are Introduction 19 wronged, or directly repairing the wrong.
Carol Brown Janeway (New York: Random House, 1997). 31 Prosecutor v. Ori´c, Case No. IT-03-68-T, Judgment, par. 721 (June 30, 2006). ). The Trial Chamber had given considerable weight as a mitigating factor to the “abysmal conditions” in which Ori´c, a local Bosnian Muslim police chief, had to operate, noting in particular the “total 30 36 Accountability for Collective Wrongdoing Rehabilitation, however, is particularly problematic in the context of extraordinary international criminals because these offenders typically are not maladjusted.
I examine how to constitute responsible groups, 5 Kenneth S. Gallant, The Principle of Legality in International and Comparative Criminal Law (New York: Cambridge University Press, 2009), 395. 26 Accountability for Collective Wrongdoing drawing from the Bosnia v. Serbia litigation at the International Court of Justice (ICJ), and propose a crude–careful way. 6 Finally, and in turn, I offer a preliminary response to these reactions. Regardless of the direction that the conversation about collective responsibility takes, I believe it is important to have such a conversation.