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 thought. yet little realization is given to the implications of conserving teams responsible 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 parts give a contribution their views. They study the boundaries of person felony legal responsibility in addressing atrocity, the meanings of punishment and accountability, the distribution of team punishment to a group's individuals, and the capability in which collective responsibility could be expressed. In doing so, they think of the legacy of the Nuremberg Trials, at the philosophical realizing of collective accountability, and at the position of collective responsibility in foreign political family
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Extra resources for Accountability for Collective Wrongdoing
Trials narrate events – publicly – and then impose punishment on the guilty in a manner that can shame and stigmatize. The result is an intensely dramaturgical process that tells a story. The performance aspect is particularly elevated for leaders and propagandists of atrocity – public ﬁgures known to many and before whom many have trembled. Performativity can, however, also arise through the prosecution of the small fry, insofar as atrocity also involves many local narratives. In some cases, the expressive value of storytelling is enhanced when it takes the form of judicial pronouncement, which is cloaked in a mantle of authority and occurs through rules of evidence, which can convey an aura of reliable impartiality.
This does not imply that conversations about the merits of collective criminal punishment or state crimes cannot or should not be had. It does mean, however, that in terms of pragmatics, those conversations contemplate sanctions that, at present, are not just disfavored but in some cases are actually viewed as illegal by the international community. Consequently, reinserting collective punishment in the dialogue entails scaling a steep uphill slope. Collective responsibility implies noncriminal sanctions that attach to groups whose misfeasance or nonfeasance is supportive of, acquiescent in, causally connected to, or necessary for serious violations of international criminal law to occur.
The ﬁrst is the reality that there is a low probability that perpetrators will actually be taken into the custody of criminal courts. 27 The second challenge is the assumption of at least a certain degree of perpetrator rationality amid the cataclysm of mass atrocity. , William W. Burke-White, “Complementarity in Practice: The International Criminal Court as Part of a System of Multi-level Global Governance in the Democratic Republic of Congo,” Leiden Journal of International Law 18, no. 3 (2005): 557–90.