Book contents
- Frontmatter
- Contents
- Preface
- Table of cases
- Table of treaties and international instruments
- List of abbreviations
- List of contributors
- 1 Introduction
- 2 The policy context of international crimes
- 3 Why corporations kill and get away with it: the failure of law to cope with crime in organizations
- 4 Men and abstract entities: individual responsibility and collective guilt in international criminal law
- 5 A historical perspective: from collective to individual responsibility and back
- 6 Command responsibility and Organisationsherrschaft: ways of attributing international crimes to the ‘most responsible’
- 7 Joint criminal enterprise and functional perpetration
- 8 System criminality at the ICTY
- 9 Criminality of organizations under international law
- 10 Criminality of organizations: lessons from domestic law – a comparative perspective
- 11 The collective accountability of organized armed groups for system crimes
- 12 Assumptions and presuppositions: state responsibility for system crimes
- 13 State responsibility for international crimes
- 14 Responses of political organs to crimes by states
- 15 Conclusions and outlook
- Index
15 - Conclusions and outlook
Published online by Cambridge University Press: 08 October 2009
- Frontmatter
- Contents
- Preface
- Table of cases
- Table of treaties and international instruments
- List of abbreviations
- List of contributors
- 1 Introduction
- 2 The policy context of international crimes
- 3 Why corporations kill and get away with it: the failure of law to cope with crime in organizations
- 4 Men and abstract entities: individual responsibility and collective guilt in international criminal law
- 5 A historical perspective: from collective to individual responsibility and back
- 6 Command responsibility and Organisationsherrschaft: ways of attributing international crimes to the ‘most responsible’
- 7 Joint criminal enterprise and functional perpetration
- 8 System criminality at the ICTY
- 9 Criminality of organizations under international law
- 10 Criminality of organizations: lessons from domestic law – a comparative perspective
- 11 The collective accountability of organized armed groups for system crimes
- 12 Assumptions and presuppositions: state responsibility for system crimes
- 13 State responsibility for international crimes
- 14 Responses of political organs to crimes by states
- 15 Conclusions and outlook
- Index
Summary
The chapters in this book emanated from a shared discomfort amongst contributing authors about a mismatch between the current fashionable focus on individual (criminal) responsibility, exemplified by the mushroom of international criminal tribunals, on the one hand, and the dominant role of larger collective entities in situations of system criminality, on the other. The book has sought to reflect on ways to better address the forms and manifestations of system criminality.
In this final chapter, we will recapitulate the dynamics of system criminality as these have been analysed in this book (section I) and summarize the power and limitations of the various forms of international responsibility in regard to system criminality (section II). We then will reflect on two cross-cutting themes: the relationship between the separate forms of international responsibility (section III) and the objectives that we may realistically ascribe to international responsibility in situations of system criminality (section IV). We conclude with some final observations (section V).
The dynamics of system criminality
The search for a more adequate framework of responsibility in regard to situations of system criminality requires an understanding of the dynamics of system criminality. In the first two chapters of this book Kelman and Punch paint a penetrating and disturbing picture of how organizations may breed mass criminality. Whereas Kelman focuses expressly on mass atrocities which are the main topic of this book, Punch widens the scope by showing that the same mechanisms apply for lawful organizations which engage in more colloquial forms of criminality.
- Type
- Chapter
- Information
- System Criminality in International Law , pp. 338 - 354Publisher: Cambridge University PressPrint publication year: 2009