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Saturday, March 24, 2012

Modes of Liability - Endings and Beginnings

For those of you interested in international criminal law, I direct your attention to an online symposium at Opinio Juris about the future of modes of liability.  The debate centers around James Stewart’s new article, “The End of Modes of Liability,” published in the most recent issue of the Leiden Journal of International Law
Stewart argues in his essay that all modes of liability should be replaced with a unitary theory that dispenses with the distinction between principals and accessories in favor of a unitary scheme based on the defendant’s causal contribution to the crime.  Stewart argues that this unitary theory will correct the often overlooked excesses of complicity as a mode of liability.

Critical responses are provided by Thomas Weigend, Darryl Robinson, and myself, with responses from Stewart here, here, and here
My response in particular focuses on the normative basis for maintaining a distinction between principals and accessories, and the inadequacy of punting these determinations of relative culpability to the sentencing decision.

The issue of modes of liability is of particular concern to me, and I have recently posted a draft essay on indirect co-perpetration.  Although indirect co-perpetration is relatively unknown to criminal lawyers in the United States, it is of immense importance to ICL as I predict it will become the dominant mode of liability used at the ICC.  Comments and suggestions are welcome.


KarenRodriguez said...

I agree, all modes of liability must be replaced by a unitary theory because it will help correct the excesses of complicity. Moreover, both international and domestic courts must have the same standards.

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Anonymous said...

I would agree with Karen, international and local courts must have the same standards to give the proper and equal justice to individuals.

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airplane accident attorney said...

I definitely agree with you two. International or Local should have a fair judgement for each other.

Liability Forms said...

I definitely agree with Karen, both international and domestic courts must have the same standards on liability.

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Individuals who defend clients who have been accused of committing a crime are called Hawaii Criminal Lawyers OR Hawaii DUI. It is their job to counsel their clients on legal matters.

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George Payne said...

If you don't mind, can you also make a post some good book suggestions about criminal law? I'm currently taking up my second year in Political science and was searching for books to read about the certain provision, just to understand it better.

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