by Thomas WEIGEND (English)
Problems of attribution in International criminal law: A German perspective
International criminal tribunals have long grappled with the problem of attributing individual criminal acts to persons in a position of leadership. They invented concepts such as Joint Criminal Enterprise in order to cast the net of responsibility as widely as possible. In this article, the author presents the solutions that German law has to offer in that regard. Germany has by and large managed to resolve the problems of attribution in a satisfactory manner without creating lofty new concepts of attribution of collective crime. The author recommends following the approach of German courts in cautiously expanding traditional doctrines rather than inventing new theoretical models in order to expand individual criminal responsibility.
Journal/Publisher: Journal of International Criminal Justice, Volume 12, Issue 2
Publication type: Article
Number of pages/Page range: 253-266
Language/s (content): English
Date of publication: 02-05-14
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Personal data
Full name Thomas WEIGEND
Current occupation Member
University/Institution University of Cologne
Address Albertus-Magnus-Platz
Postal code 50923 Köln
Telephone 0049 221 470 2780