2014 Fiscal Year Final Research Report
Individual responsibility of system criminality in international law
| Project/Area Number |
24530051
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| Research Category |
Grant-in-Aid for Scientific Research (C)
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| Allocation Type | Multi-year Fund |
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| Section | 一般 |
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| Research Field |
International law
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| Research Institution | Waseda University |
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Principal Investigator |
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| Project Period (FY) |
2012-04-01 – 2015-03-31
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| Keywords | 個人責任 / 国際刑事裁判 |
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| Outline of Final Research Achievements |
The individual responsibility for serious international crimes such as the crime of genocide, crimes against humanity and war crime entails the collective nature which is embodied by a mechanism of State or other political or military organization. While it has been relied on an analogy of domestic criminal theory, it is undeniable that the individual responsibility for these crimes has special nature of “system criminality”, according to which illegal conducts are made not by independent persons, but by persons incorporated in the organizational mechanism. They work like a gear of a great machine and then commit a serious crime. The present analysis clarified the characteristics of such aspect of individual responsibility and suggested the new concept of “system responsibility” as a part of traditional theory of individual responsibility.
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| Free Research Field |
国際法
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