Exploring International Criminal Laws Reluctance to Resort to Modalities of Group Responsibility

ISSN： 1478-1387

Source： Journal of International Criminal Justice, Vol.11, Iss.2, 2013-05, pp. : 331-349

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Abstract

In recent years, some prominent scholars of international criminal law have reacted to the phenomenon of collective perpetration of international crimes by advocating for a more collective-orientated jurisprudence in international criminal law. The fact remains, however, that international criminal law still strongly adheres to the concept of individual responsibility, surprisingly more so than many domestic common law and civil law jurisdictions. This article explores the deeply rooted differences between domestic and international criminal law, which hinder the quest for adoption of modalities of group responsibility in international criminal law. Five main challenges to the utility and legitimacy of international prosecutions are identified and assessed. This analysis leads to the conclusion that such challenges would be deepened should criminal responsibility under international criminal law be expanded to include broader forms of group responsibility.