Individual Criminal Liability and Collective Civil Responsibility: Do They Reinforce or Contradict One Another?

Abstract

Does the ICJ, in discharging its responsibility under Article IX to establish the “responsibility” of a state for genocide, risk trenching on the jurisdiction now assigned to the ICTY and ICC? And does it risk perpetuating a notion of “collective guilt”?

Keywords

Genocide, Criminal liability, Collective guilt, Government liability

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Authors

Thomas M. Franck (New York University School of Law)

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