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 idea. yet little cognizance is given to the implications of retaining teams chargeable for wrongdoing. teams usually are not amenable to punishment within the manner that people are. Can they be punished - and if this is the case, how - or are different treatments on hand? the subject crosses the borders of legislations, philosophy, and political technological know-how, and during this quantity experts in all 3 parts give a contribution their views. They research the bounds of person felony legal responsibility in addressing atrocity, the meanings of punishment and accountability, the distribution of crew punishment to a group's individuals, and the skill in which collective responsibility might be expressed. In doing so, they give some thought to the legacy of the Nuremberg Trials, at the philosophical realizing of collective accountability, and at the position of collective responsibility in foreign political family members
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Instead, I propose reform to better welcome bottom–up approaches to procedure and sanction. Insofar as local and national accountability mechanisms are potentially abusive, corrupt, illegitimate, and susceptible to machination, there is a need for gatekeeping. Accordingly, I propose that national or local justice modalities be accorded a presumption of deference but that this presumption be qualiﬁed. I outline six criteria to qualify the presumption of deference and thereby fulﬁll this gatekeeping function.
These contributions can be grouped into two baskets. The ﬁrst basket focuses on what, exactly, is the collective, whereas a second basket focuses on what, exactly, it is that the collective does wrong and for which sanction is appropriate. Assuredly, these baskets intersect. David Luban, for example, focuses on state criminality,7 whereas Richard Vernon focuses on the state as the 6 The following journals have published reviews: Buffalo Law Review, Jura Gentium, Michigan Law Review, Journal of International Criminal Justice, American Journal of International Law, Journal of Criminal Law and Criminology, Chinese Journal of International Law, International Journal on World Peace, International Journal of Transitional Justice, Leiden Journal of International Law, Melbourne Journal of International Law, Peace and Change, Human Rights Quarterly, New York University Journal of International Law and Politics, Journal of Conﬂict and Security Law, and H-Net Book Review.
1 The Trial of Major War Criminals: Proceedings of the International Military Tribunal Sitting at Nuremberg Germany, pt. M. Stationery Ofﬁce, 1950), 447 (emphasis mine). The IMT judges underscored that these crimes were those of individuals in an attempt to avoid a situation in which the responsibility of an abstract collective precludes the identiﬁcation of individual guilt, which was in fact an argument raised by the defense. That said, in the many years since Nuremberg, this sentence has come to stand (and be relied on) for a much more independent proposition – namely, that only by prosecuting individuals can justice be served, thereby obscuring the responsibility of collectives.
Accountability for Collective Wrongdoing by Tracy Isaacs, Richard Vernon