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By Tracy Isaacs, Richard Vernon

Rules of collective accountability problem the doctrine of person accountability that's the dominant paradigm in legislation and liberal political conception. yet little realization is given to the implications of conserving teams responsible for wrongdoing. teams aren't amenable to punishment within the method 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 research the bounds of person felony legal responsibility in addressing atrocity, the meanings of punishment and accountability, the distribution of staff punishment to a group's participants, and the potential in which collective responsibility could be expressed. In doing so, they contemplate the legacy of the Nuremberg Trials, at the philosophical figuring out of collective accountability, and at the position of collective responsibility in foreign political kinfolk

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They . . ”33 Harmon and Gaynor’s experiences with ICTY defendants resonate in the examples of Nazis who fled Germany following World War II to take up residence elsewhere in Europe or the Americas. Many of these fugitives, who engaged in acts of unfathomable barbarity during wartime, were able to conform easily and live unobtrusively as normal citizens for the remainder of their lives. This ability to fit in suggests something curious, and deeply disquieting, about atrocity perpetrators – namely, their lack of subsequent delinquency or recidivism and their easy integration into a new set of social norms.

Capturing all individuals in a responsible collective 41 Mark Osiel, “The Banality of Good: Aligning Incentives against Mass Atrocity,” Columbia Law Review 105 (October 2005): 1839–40. Osiel is one of the few scholars to explore the role of incentives, monitoring, and policing in contexts of mass atrocity. 42 Waller, Becoming Evil, 205 (see n. 22). 42 Accountability for Collective Wrongdoing might make it much more difficult for individuals to hide within the collective, seek exoneration in its anonymity, benefit from the diffusion of responsibility, and proffer excuses in Milgram’s agentic state of transposed responsibility.

IT-02-54-T, Prosecution Opening Statement, 4 (February 12, 2002). ” Prosecutor v. Sesay, Kallon, and Gbao, Case No. SCSL-04-15-T, Judgment Summary, par. 1 (February 25, 2009). Collective Responsibility and Postconflict Justice 25 challenging the idealized nature of the Nuremberg principle. My goal in undertaking this challenge is to achieve a more robust instantiation of justice in the aftermath of terrible atrocity. In this vein, I believe that there is a need to canvas carefully the legal, political, and philosophical implications of collective responsibility.

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