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Purpose – The purpose of this article is to provide the reader with some information on the development of liability of legal persons for violations of international criminal law, its implementation practice in common and civil law countries as well as its perspectives of development in the European Union.

"As the first full-length study of twentieth-century American legal academics wrestling with the problem of free will versus determinism in the context of criminal responsibility, this book deals with one of the most fundamental problems in criminal law. Thomas Andrew Green chronicles legal academic ideas from the Progressive Era critiques of free will-based (and generally retributive) theories of criminal responsibility to the midcentury acceptance of the idea of free will as necessary to a criminal law conceived of in practical moral-legal terms that need not accord with scientific fact to the late-in-century insistence on the compatibility of scientific determinism with moral and legal responsibility and with a modern version of the retributivism that the Progressives had attacked. Foregrounding scholars' language and ideas, Green invites readers to participate in reconstructing an aspect of the past that is central to attempts to work out bases for moral judgment, legal blame, and criminal punishment"--

What place, if any, ought cultural considerations have when we blame and punish in the criminal law? Bringing together political and legal theorists, this text offers original and diverse discussions that go to the heart of both legal and political debates about multiculturalism, human agency, and responsibility.

Provides a clear account of the main substantive and procedural aspects of international criminal law. Adopting a combination of the classic common law and more theoretical approaches to the subject, it discusses: the historical evolution of international criminal law; the legal definition of the so-called core crimes (war crimes, crimes against humanity, genocide) plus aggression, torture and terrorism; the forms and modes of criminal responsibility; and the main issues related to the prosecution and punishment of international crimes at the national and international level, including amnesties, statutes of limitations, and immunities

Defence date: 9 June 2014 ; Examining Board: Professor Martin Scheinin, EUI (Supervisor) Professor Nehal Bhuta, EUI Professor William Schabas, Middlesex University, London Judge Christine Baroness Van den Wyngaert, International Criminal Court. ; This PhD thesis was awarded the Cappelletti Prize. ; Complicity is a criminal law doctrine that attributes responsibility to those who do not physically perpetrate the crime. It is an essential mode of liability for core international crimes because it reaches out to senior political and military leadership. These persons do not usually engage in direct offending, yet in the context of mass atrocities they are often more culpable than foot soldiers. The Statutes of the ad hoc tribunals, hybrid courts and the International Criminal Court expressly provide for different forms of complicity, and domestic legal systems recognize it in one form or another. This is in contrast with alternative modes of liability implied from the Statutes to address the situations with multiple accused removed from the scene of the crime / (in)direct co-perpetration, extended perpetration and the joint criminal enterprise.

This article considers how international criminal courts produce knowledge about women's experiences of large-scale violence. In 2001, the International Criminal Tribunal for Yugoslavia concluded that the crime of genocide had been committed in Srebrenica in 1995 and that the patriarchal nature of the Bosnian Muslim community was key to the genocide. This paper examines the processes by which the trial and appeal chambers came to know, and author an account of this community as patriarchal. I examine the transcripts of three witnesses who testified about the surviving community of Bosnian Muslim women, tracing how evidence was shaped and reshaped in the courtroom and then in the trial and appeal judgments. I argue here for the importance of exploring the mediating practices and actors that produce legal knowledge, to better understand how complex recognition of gendered harm unfolds, and is sometimes curtailed, through international criminal adjudication.

Preliminary Material /Thom Brooks -- Introduction /Thom Brooks -- Review Article: Democracy, Law and Authority /Samantha Besson -- Rorty, the First Amendment and Antirealism: Is Reliance upon Truth Viewpoint-Based Speech Regulation? /Brian E. Butler -- Is There a Right to Polygamy? Marriage, Equality and Subsidizing Families in Liberal Public Justification /Andrew F. March -- The Ideality of Law /Sean Coyle -- Review Article: Legal Theory, Law, and Normativity /Leonard Kahn -- Review Article: Raz on the Social Dependence of Values /Hanoch Sheinman -- Legal Reasons: Between Universalism and Particularism /María Cristina Redondo -- Criminal Harms /Thom Brooks -- On the Non-Instrumental Value of Basic Rights /Rowan Cruft -- Group Rights and Group Agency /Adina Preda -- State Denunciation of Crime /Christopher Bennett -- Imprisonable Offenses /Richard L. Lippke -- Punishing the Guilty, Not Punishing the Innocent /Richard L. Lippke -- 'Who's Still Standing?' A Comment on Antony Duff's Preconditions of Criminal Liability /Matt Matravers -- The Paradox of Forgiveness /Leo Zaibert -- Bibliography /Thom Brooks -- Index /Thom Brooks.

The study is located within international law and seeks to determine whether prosecuting the crime of aggression would necessarily entail an abuse of the legal process. Issues discussed in the book are the controversies over the location of debating the crime of aggression in either law or politics and the legal approach to the problems outlined. The application of the legal method is also examined. Taking examples from Libya, the Ivory Coast and Kenya, the work is of interest to those working in the areas of international criminal justice, international law, legal theory, and international re.

The criminal law frameworks of countries that have been the subject of interna- tional peacekeeping operations and military interventions often reveal an urgent requirement for reform. The promotion of fair and effective justice systems, the rule of law and transition from conflict to peace frequently necessitates the intro- duction of new state legislation. Legal transplants have been employed as a legisla- tive tool to bring about post-conflict legal change. However, the use of transplanted law in these situations has been controversial and has raised concerns about the jus- tification for adopting it. This paper examines the justification for employing legal transplants to develop new post-conflict criminal laws by assessing their practical utility and the motivational rationale for employing them. It reviews theoretical perspectives on transplant feasibility and reflects on the experience of previous criminal law legal transplants. The article concludes by proposing an evaluative test for prior application to post-conflict criminal legal transplants to assess their prospects of success and to gauge the necessity for later change and adaptation.

This article discusses whether there is an increasing demand for criminal background checks in continental Europe. It also presents the legislative framework regulating criminal background checks in Europe where a requirement of 'proof of a clean criminal record' in public administration often co-exists with a situation where no specific laws regulate the rights of private employers to ask for such proof. Finally, the article suggests some legal protections for ex-offenders against the increasing use of criminal records in the job market and suggests that a law may be necessary to regulate the right of private employers to conduct criminal background checks.

The discipline of ICL -- The subjects of international criminal law : ratione personae -- International crimes : ratione materiae -- Principles of criminal responsibility : the general part -- The "indirect enforcement system :" modalities of international cooperation in penal matters -- The "direct enforcement system :" history of international criminal investigations and prosecutions -- The international criminal court : a hybrid "direct enforcement system" -- Mixed models of international criminal justice -- The "procedural part" of ICL : procedural and evidentiary norms applicable to international criminal proceedings -- International criminal justice in the age of globalization -- Reflections on international criminal justice : past and future -- A historical review and quantitative analysis of international criminal justice