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State policy as an element of international crimes
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Schabas, William A.. (2008) State policy as an element of international crimes. Journal of Criminal Law & Criminology, Vol.98 (No.3). pp. 953-982. ISSN 0091-4169
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Official URL: http://www.law.northwestern.edu/jclc/backissues/v9...
Abstract
Recent case law of the international criminal tribunals has tended to focus oil the individual mental element of offenders, anti dismissed any relevance for State policy as a component of the analysis. It is posited that tin individual deviant, acting alone, can commit genocide or crimes against humanity, to the extent that he or she aspires to destroy all 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.
| Item Type: | Journal Article |
|---|---|
| Subjects: | H Social Sciences > HV Social pathology. Social and public welfare K Law |
| Divisions: | Faculty of Social Sciences > Law |
| Journal or Publication Title: | Journal of Criminal Law & Criminology |
| Publisher: | Northwestern University |
| ISSN: | 0091-4169 |
| Date: | 2008 |
| Volume: | Vol.98 |
| Number: | No.3 |
| Number of Pages: | 30 |
| Page Range: | pp. 953-982 |
| Status: | Peer Reviewed |
| Publication Status: | Published |
| Access rights to Published version: | Restricted or Subscription Access |
| URI: | http://wrap.warwick.ac.uk/id/eprint/29013 |
Data sourced from Thomson Reuters' Web of Knowledge
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