Accountability for Collective Wrongdoing by Tracy Isaacs, Richard Vernon

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 concept. yet little cognizance is given to the results of maintaining teams liable for wrongdoing. teams aren't amenable to punishment within the means that folks are. Can they be punished - and if that is so, how - or are different treatments on hand? 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 learn the boundaries of person legal legal responsibility in addressing atrocity, the meanings of punishment and accountability, the distribution of workforce punishment to a group's contributors, and the capacity through which collective responsibility should be expressed. In doing so, they ponder the legacy of the Nuremberg Trials, at the philosophical knowing of collective accountability, and at the position of collective responsibility in overseas political kin

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To this end, it makes sense to consider empirical evidence regarding whether potential extraordinary international criminals would be deterred by the punishment of others following criminal trials. 26 However, no systematized or conclusive evidence of discernible deterrent effect has yet been proffered. , the former Yugoslavia) following the creation of criminal tribunals to punish perpetrators. Assuredly, we simply cannot know how much worse atrocity would have been in the absence of judicial institutions.

The historical narrative can become crimped by prosecutorial strategizing and plea bargaining. Gaps between the international criminal process and expectations of local populations – in particular, non-Western populations – may externalize justice, thereby diminishing the prophylactic value of verdict and punishment. 29 It is difficult to predict which sorts of microscopic truths trials actually produce. 30 Schlink’s book examines the relationship between an adolescent, Michael Berg, and a former Nazi concentration camp guard, Hannah Schmitz.

Criminal punishment goes some way toward developing expressive values that edify a moral consensus regarding the manifest illegality of discrimination-based violence. This consensus might serve as a bulwark 38 Frank Haldemann, “Another Kind of Justice: Transitional Justice as Recognition,” Cornell International Law Journal 41 (Fall 2008): 722. , 715. , 713. Collective Responsibility and Postconflict Justice 41 against exhortations by conflict entrepreneurs in favor of such violence. The threat of criminal punishment, however, will not deter committed individuals acculturated into hatred from implementing their own final solutions.

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