Overdetermined Atrocities

Journal of International Criminal Justice (peer reviewed) (in symposium) 39 pages

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This paper offers the first detailed account of the especially important role of causation in international criminal law. In particular, it deals with the problem of causal overdetermination, arguing that it represents the central moral problem in international criminal justice. The paper uses examples from international criminal justice as illustrations, namely, the responsibility of Allied Pilots for the firebombing of Dresden, corporations in Apartheid South Africa, the notorious arms vendor Viktor Bout and Thomas Lubanga, the first indictee before the International Criminal Court. The article forms part of a symposium in honor of Antonio Cassese, and was cited by the Appeals Chamber of the Special Court for Sierra Leone in the Charles Taylor judgment.