tailieunhanh - THE CRIMINAL RESPONSIBILITY OF SENIOR POLITICAL AND MILITARY LEADERS AS PRINCIPALS TO INTERNATIONAL CRIMES

This book provides a hugely important contribution to a complex and vital area of international criminal law. For the courts and tribunals which are charged with the responsibility of trying the most serious cases in the criminal calendar, there can be few subjects of greater concern than the approach that should be taken when dealing with the alleged responsibility of those who are seemingly ‘in control’ when the worst international crimes are committed. The author, who brings to bear his distinguished academic and practical experience in this area, has subjected the issue to painstaking research and, in the event, he has provided with his personal views a penetrating. | THE CRIMINAL RESPONSIBILITY OF SENIOR POLITICAL AND MILITARY LEADERS AS PRINCIPALS TO INTERNATIONAL CRIMES As shown by the recent trials of Slobodan Milosevic Charles Taylor and Saddam Hussein the large-scale and systematic commission of international crimes is usually planned and set in motion by senior political and military leaders. Nevertheless the application of traditional forms of criminal liability leads to the conclusion that they are mere accessories to such crimes. This does not reflect their central role and often results in a punishment which is inappropriately low in view of the impact of their actions and omissions. For these reasons international criminal law has placed special emphasis on the development of the concepts of joint criminal enterprise also known as the common purpose doctrine and control of the crime which aim to better reflect the central role played by senior political and military leaders in campaigns of large scale and systematic commission of international crimes. The Rome Statute of the International Criminal Court and the case law of the ICTY and the ICTR have in recent years played a unique role in achieving this goal. Studies in International and Comparative Criminal Law Volume 4 Studies in International and Comparative Criminal Law General Editor Michael Bohlander Criminal law had long been regarded as the preserve of national legal systems and comparative research in criminal law for a long time had something of an academic ivory tower quality. However in the past 15 years it has been transformed into an increasingly and moreover practically relevant subject of study for international and comparative lawyers. This can be attributed to numerous factors such as the establishment of ad hoc international criminal tribunals and the International Criminal Court as well as to developments within the EU the UN and other international organisations. There is a myriad of initiatives related to tackling terrorism money laundering .