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 legislation and liberal political conception. yet little consciousness is given to the results of keeping teams liable for wrongdoing. teams usually are not amenable to punishment within the approach that folks are. Can they be punished - and if this is the case, how - or are different treatments to be had? 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 team punishment to a group's individuals, and the capacity through which collective responsibility could be expressed. In doing so, they consider the legacy of the Nuremberg Trials, at the philosophical realizing of collective accountability, and at the position of collective responsibility in foreign political kinfolk

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Chicago-Kent Law Review 83 (2008): 336. Bernhard Schlink, The Reader, trans. Carol Brown Janeway (New York: Random House, 1997). 31 Prosecutor v. Ori´c, Case No. IT-03-68-T, Judgment, par. 721 (June 30, 2006). ). The Trial Chamber had given considerable weight as a mitigating factor to the “abysmal conditions” in which Ori´c, a local Bosnian Muslim police chief, had to operate, noting in particular the “total 30 36 Accountability for Collective Wrongdoing Rehabilitation, however, is particularly problematic in the context of extraordinary international criminals because these offenders typically are not maladjusted.

General deterrence, however, is perhaps even more problematic than retribution as a goal for the sentencing of extraordinary international criminals. General deterrence posits that if one person is punished, this punishment will reduce the likelihood that another person in that same place or elsewhere will offend in the future. 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.

Drumbl International lawmakers largely associate justice for atrocity with courtrooms and jailhouses, and therefore with international criminal law. These associations have captured the imagination of important constituencies, such as foreign-aid donors, not-for-profit advocacy networks, and transnational human rights entrepreneurs. Coincident with the emergence of international criminal law as the preferred ideal type of justice for atrocity is an understanding that individuals are responsible for mass crimes such as genocide and, accordingly, that individual criminal culpability is the optimal form of accountability – the “first-best” practice.

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