This book seeks to understand how and why we should hold leaders responsible for the collective mass atrocities that are committed in times of conflict. It attempts to untangle the debates on modes of liability in international criminal law (ICL) that have become truly complex over the last twenty years, and to provide a way to identify the most appropriate model for leadership liability. A unique comparative theory of ICL is offered, which clarifies the way in which ICL develops as a patchwork of different domestic criminal law notions. This theory forms the basis for the comparison of some influential domestic criminal law systems, with a view to understanding the policy and cultural reasons for their differences. There is a particular focus on the background of the German law which has influenced the International Criminal Court so much recently. This helps to understand, and seek a solution to, the current impasses in the debates on which model of liability should be applied. An entire chapter of the book is devoted to considering why leaders should be held responsible for crimes committed by their subordinates, from legal, moral and pragmatic perspectives. The moral responsibility of leaders is translated into criminal liability, and the different domestic models of liability are translated to the international context, in such a way as to appeal to advanced students of ICL, academics, and practitioners who want to understand the complexities of leadership liability in international criminal law today and identify the best way to approach it. Cassandra Steer is Executive Director of Women in International Security Canada, and Junior Wainwright Fellow at McGill University, Canada. She holds a Ph. D. in Law from the University of Amsterdam, The Netherlands.
Introduction. The study of mass murder and genocide / Robert Gellately and Ben Kiernan -- pt. I. Genocide and modernity. Twentieth century genocides: underlying ideological themes from Armenia to East Timor / Ben Kiernan -- The modernity of genocides: war, race, and revolution in the twentieth century / Eric D. Weitz -- Seeking the roots of modern genocide: on the macro- and microhistory of mass murder / Omer Bartov -- Genocide and the body politic in the time of modernity / Marie Fleming -- pt. II. Indigenous peoples and colonial issues. Genocides of indigenous peoples: rhetoric of human rights / Elazar Barkan -- Military culture and the production of "final solutions" in the colonies: the example of Wilhelminian Germany / Isabel V. Hull -- "Encirclement and annihilation": the Indonesian occupation of East Timor / John G. Taylor -- pt. III. The era of the two World Wars. Under cover of war: the Armenian genocide in the context of total war / Jay Winter -- The mechanism of a mass crime: the great terror in the Soviet Union, 1937-1938 / Nicolas Werth -- The Third Reich, the Holocaust and visions of serial genocide / Robert Gellately -- Reflections on modern Japanese history in the context of the concept of genocide / Gavan McCormack -- pt. IV. Genocide and mass murder since 1945. "When the world turned to chaos": 1965 and its aftermath in Bali, Indonesia / Leslie Dwyer and Degung Santikarma -- Genocide in Cambodia and Ethiopia / Edward Kissi -- Modern genocide in Rwanda: ideology, revolution, war, and mass murder in an African state / Robert Melson -- History, motive, law, intent: combining historical and legal methods in understanding Guatemala's 1981-1983 genocide / Greg Grandin -- Analysis of a mass crime: ethnic cleansing in the former Yugoslavia, 1991-1999 / Jacques Semelin -- Conclusions. Investigating genocide / Robert Gellately and Ben Kiernan -- Appendix. Convention on the Prevention and Punishment of the Crime of Genocide
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This book seeks to understand how and why we should hold leaders responsible for the collective mass atrocities that are committed in times of conflict. It attempts to untangle the debates on modes of liability in international criminal law (ICL) that have become truly complex over the last twenty years, and to provide a way to identify the most appropriate model for leadership liability. A unique comparative theory of ICL is offered, which clarifies the way in which ICL develops as a patchwork of different domestic criminal law notions. This theory forms the basis for the comparison of some influential domestic criminal law systems, with a view to understanding the policy and cultural reasons for their differences. There is a particular focus on the background of the German law which has influenced the International Criminal Court so much recently. This helps to understand, and seek a solution to, the current impasses in the debates on which model of liability should be applied. An entire chapter of the book is devoted to considering why leaders should be held responsible for crimes committed by their subordinates, from legal, moral and pragmatic perspectives. The moral responsibility of leaders is translated into criminal liability, and the different domestic models of liability are translated to the international context, in such a way as to appeal to advanced students of ICL, academics, and practitioners who want to understand the complexities of leadership liability in international criminal law today and identify the best way to approach it. Cassandra Steeris Executive Director of Women in International Security Canada, and Junior Wainwright Fellow at McGill University, Canada. She holds a Ph.D. in Law from the University of Amsterdam, The Netherlands.
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Over two million people are incarcerated in America's prisons and jails, eight times as many since 1975. Mandatory minimum sentencing, parole agencies intent on sending people back to prison, three-strike laws, for-profit prisons, and other changes in the legal system have contributed to this spectacular rise of the general prison population.After overseeing the largest city jail system in the country, Michael Jacobson knows first-hand the inner workings of the corrections system. In Downsizing Prisons, he convincingly argues that mass incarceration will not, as many have claimed, reduce crime nor create more public safety. Simply put, throwing away the key is not the answer
Zugriffsoptionen:
Die folgenden Links führen aus den jeweiligen lokalen Bibliotheken zum Volltext:
Over two million people are incarcerated in America's prisons and jails, eight times as many since 1975. Mandatory minimum sentencing, parole agencies intent on sending people back to prison, three-strike laws, for-profit prisons, and other changes in the legal system have contributed to this spectacular rise of the general prison population. After overseeing the largest city jail system in the country, Michael Jacobson knows first-hand the inner workings of the corrections system. In Downsizing Prisons, he convincingly argues that mass incarceration will not, as many have claimed, reduce cri.
Mass incarceration and the problems of prisoner reentry -- The labor market consequences of incarceration -- Measuring the labor market consequences of incarceration -- The mark of a criminal record -- The mark of race -- Two strikes and you're out : the intensification of racial and criminal stigma -- But what if? variations on the experimental design -- Conclusion : missing the mark