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PROSECUTING MILITARY LEADERS FOR WAR CRIMES
Author(s) -
MAY LARRY
Publication year - 2006
Publication title -
metaphilosophy
Language(s) - English
Resource type - Journals
SCImago Journal Rank - 0.475
H-Index - 35
eISSN - 1467-9973
pISSN - 0026-1068
DOI - 10.1111/j.1467-9973.2006.00436.x
Subject(s) - mens rea , law , tribunal , political science , argument (complex analysis) , commit , war crime , criminal law , section (typography) , conviction , relevance (law) , indictment , international law , criminology , sociology , business , computer science , biochemistry , chemistry , database , advertising
This article argues in favor of holding leaders responsible for international crimes but also worries quite a bit about what would be a fair standard of mens rea for these leaders. Section 1 sets out the key facts of the case and the basis of the International Criminal Tribunal for Yugoslavia Trial Chamber's conviction of General Tihomir Blaskic. Section 2 presents the basis of the ICTY Appeals Court's overruling of the Trial Chamber's decision. Section 3 focuses on the issue of mens rea concerning those who command others to commit such crimes as the taking of hostages and the use of human shields. Section 4 sets out a limited argument in favor of negligence as a type of mens rea in international criminal law. Finally, section 5 discusses the relevance of the idea of the theory of joint criminal liability in such cases.