State policy as an element of international crimes
Schabas, William A. (2008) State policy as an element of international crimes. Journal of criminal law and criminology, 98 (3). pp. 953-982. ISSN 0091-4169
Full text is not in this repository.
Official URL: http://scholarlycommons.law.northwestern.edu/jclc/...
This item is available in the Library Catalogue
Recent case law of the international criminal tribunals has tended to focus on the individual mental element of offenders, and dismissed any relevance for State policy as a component of the analysis. It is posited that an individual deviant, acting alone, can commit genocide or crimes against humanity, to the extent that he or she aspires to destroy an ethnic group or to persecute civilians in a widespread or systematic manner. This has led to a distortion in the law, partially explained by a focus on low-level perpetrators in early trials of the International Criminal Tribunal for the former Yugoslavia, but also by mistaken analysis of previous authority. This Article argues for revival of state policy as an element of such crimes.
|Research Areas:||A. > School of Law > Law and Politics|
|Citations on ISI Web of Science:||3|
|Deposited On:||18 Apr 2011 05:27|
|Last Modified:||25 Mar 2015 16:31|
Repository staff only: item control page
Full text downloads (NB count will be zero if no full text documents are attached to the record)
Downloads per month over the past year