Search results

You are looking at 1 - 10 of 74 items for :

  • "criminal liability" x
  • Refine by access: All content x
Clear All
Author:

This book examines the historical evolution of international humanitarian law, in particular the legal and political bases for the penalisation of infractions associated with this body of law. The interaction of law, politics and financial considerations have proved detrimental for staging criminal prosecutions, even to this day, but ultimately have not negated the criminal liability of perpetrators. The book explores the various forms of direct participation in humanitarian law offences and the concept of the doctrine of superior responsibility. It stipulates the liability of those persons who, being in a position of authority, fail to prevent or punish crimes committed by their subordinates. The book deals with the elaboration of a legal theoretical model, defined as the 'duty to control', which attempts to address the gap identified in the relevant law of causation. It traces the evolution of humanitarian law in the context of non-international armed conflicts, with the aim of determining the application of humanitarian and criminal norms therein. Although for the purposes of humanitarian law the distinction between non-international and international conflicts is becoming less significant, people must still be aware of the mechanism known as 'conflict classification'. The world's major powers, with the exception of the UK, have expressly or implicitly widened their judicial jurisdiction by penalising extraterritorial breaches committed in internal armed conflicts. The book focuses on the legislative and judicial efforts of developed nations, mainly from Europe and North America. For these countries, the suppression of extraterritorial crime is not of imminent importance.

Margaret Brazier
,
Emma Cave
, and
Rob Heywood

10.1 Introduction In this chapter we examine criminal law and medical negligence, asking when a doctor’s malpractice engages criminal liability. Most instances of injury caused by medical error are dealt with under the civil law. However gross or culpable an act of negligence may be, negligence is not generally a crime in England unless made so

in Medicine, patients and the law
Ilias Bantekas

conflict has reached the international conflict threshold. This chapter, in conjunction with Chapter 1 , maintains that the concept of individual responsibility for offences committed in non-international armed conflicts has evolved through an instant customary process, from 1992 until 1998. There is still a question mark, however, as to what is the exact ambit of criminal liability in internal

in Principles of direct and superior responsibility in international humanitarian law
Ilias Bantekas

negated the criminal liability of perpetrators. This chapter explores the various forms of direct participation in humanitarian law offences. These are: planning and conspiracy; ordering others to commit a crime; incitement and dissemination of hate propaganda; and complicity. Before we proceed with this analysis, it would be useful to identify the specific crimes, that is, the concept of war crimes and crimes against

in Principles of direct and superior responsibility in international humanitarian law
Ilias Bantekas

responsibility From the days of Sun Tzu it was generally accepted that military commanders constitute key factors in the successful fate of any military campaign. 2 Generals achieved well-balanced armies through rigid subordination and effective strategic command. In the days of Sun Tzu, however, the concept of subordination did not entail any elements of criminal liability attributable to the superiors

in Principles of direct and superior responsibility in international humanitarian law
Medicine and the law
James Nicholls

of medicalisation which was voiced from many groups outside of, and in some cases within, medicine undermines the Foucauldian tendency to see such processes as more or less coherent expressions of institutional power.26 Drink and criminal liability The question of whether inebriety was a vice or a disease went right to the heart of liberal notions of selfhood and responsibility. The ‘pathologisation’ of deviant behaviours may have proved a relatively efficient way of managing problematic social groups, but it played havoc with some basic concepts of justice. Harry

in The politics of alcohol
Rustam Alexander

the judges not to prosecute men for homosexual behaviour such as oral sex and sexual touching, now argued that any consensual sexual activity, including anal sex, had to be decriminalized. He expressed this view in his doctoral dissertation Problems of Criminal Liability for the Study of Causes of Crime and Developing Measures of Crime Prevention at the All-Union Institute for the Study and Prevention of Crime. Devoting a whole chapter to the issue of homosexuality in the USSR, Ignatov wrote: At

in Red closet
Joe McGrath

more careful (Williams, 1961: 100). Subjective culpability, as reflected in both intention and reckless requirements, assumed its place at the top of the hierarchy because it expressed respect for the principle of individual autonomy by imposing liability for deliberate choices, and for the rule of law by protecting citizens from abuses of state power (Norrie, 2001: 11). Notwithstanding the distinctions between the various forms of culpability, it was clear that subjective culpability requirements were at the core of modern criminal liability. For this reason

in Corporate and white-collar crime in Ireland
Abstract only
Joe McGrath

warning letters, civil sanctions and ultimately to criminal liability on indictment. By design, most corporate and financial wrongdoing is addressed in the civil jurisdiction of the law rather than in the criminal courts. Non-legal and civil sanctions were being used in preference to criminal sanctions because they are more efficient and effective methods of corporate enforcement than lengthy expensive trials where more onerous criminal standards of proof are required. Nevertheless, notwithstanding the capacity of such measures to achieve instrumental objectives in an

in Corporate and white-collar crime in Ireland
Abstract only
Rustam Alexander

decriminalise consensual homosexuality I examined in Chapter 4 gave interviews and continued to argue for decriminalisation of consensual homosexual acts. In December 1989 a monthly periodical Molodoi kommunist featured a lengthy article on the problem of homosexuality in the Soviet Union. In this article A. N. Ignatov briefly summarised the current state of discussion on the law on sodomy between its proponents and opponents: The majority of authors who write on this topic come to the conclusion that criminal liability for homosexuality is not expedient. Why? First

in Regulating homosexuality in Soviet Russia, 1956–91