지원사업
학술연구/단체지원/교육 등 연구자 활동을 지속하도록 DBpia가 지원하고 있어요.
커뮤니티
연구자들이 자신의 연구와 전문성을 널리 알리고, 새로운 협력의 기회를 만들 수 있는 네트워킹 공간이에요.
초록· 키워드
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International criminal law deals with macro-crimes which are most commonly carried out by groups of individuals acting in pursuance of a common purpose. Although only some members of the group may physically perpetrate the criminal act, the participation and contribution of the other members of the group is often vital in facilitating the commission of the offence in question. Under these circumstances, the InternationalCriminal Tribunal for the Former Yugoslavia (ICTY) has utilized the mode of participation of ‘joint criminal enterprise’ for qualifying the participation of persons in the commission of international crimes, whereas the International Criminal Court (ICC) has resorted to the mode of participation of ‘joint perpetration’, based on the concept of ‘joint control’ over the crime.
This article addresses the rules and provisions concerning individual criminal responsibility for the commission of international crimes; in particular, attention is devoted to an analysis of the conceptual tools that are acceptable for assessing the individual criminal liability of a defendant who did not commit the crime by himself and therefore cannot be considered direct perpetrators in a physical sense. This article also highlights some of the weaknesses and difficulties that could emerge in the application of those conceptual tools to the practice of international criminal law.
목차
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참고문헌 (19)
참고문헌 신청
Badar, Mohamed Elewa / 2006 / "Just Convict Everyone!" ?Joint Perpetration: From Tadi? to Staki? and Back Again’ / International Criminal Law Review 6 : 293 ~ 302
Cassese, Antonio / 2008 / International Criminal Law
Danner, Allison Marston / 2005 / Guilty Associations: Joint Criminal Enterprise, Command Responsibility, and the Development of International Criminal Law’ / California Law
Haan, Verena / 2005 / The Development of the Concept of Joint Criminal Enterprise at the International Criminal Tribunal for the Former Yugoslavia / International Criminal La
Herzig, Andreas / 2013 / Die Tatherrschaftslehre in der Rechtsprechung des Internationalen Strafgerichtshofs / Zeitschrift fur Internationale Strafrechtsdogmatik 9 : 189 ~ 20
Cassese, Antonio / 2008 / International Criminal Law
Danner, Allison Marston / 2005 / Guilty Associations: Joint Criminal Enterprise, Command Responsibility, and the Development of International Criminal Law’ / California Law
Haan, Verena / 2005 / The Development of the Concept of Joint Criminal Enterprise at the International Criminal Tribunal for the Former Yugoslavia / International Criminal La
Herzig, Andreas / 2013 / Die Tatherrschaftslehre in der Rechtsprechung des Internationalen Strafgerichtshofs / Zeitschrift fur Internationale Strafrechtsdogmatik 9 : 189 ~ 20
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