Beinder, Tobias: Kollektives Unrecht und individuelle Schuld2024. VIII, 274 Seiten. Kt 89,00 €
In international criminal law, an individualistic narrative prevails. System injustice is attributed solely to the behavior of individuals. This is a useful fiction through which normative conflict management is to be made possible. It relies on the isolation of the individual perpetrator and thus - as in "normal" criminal law - on the individual attribution of the acts. What remains unconsidered in this technique of isolation is that the international offender acts in conformity within a collective context of action. The question arises as to what effect this collective dimension has on the guilt of the individual. Individual imputation seems too reductionist to address collective injustice. But how can we avoid the individual becoming a scapegoat for deeds that would be inconceivable without the collective background in the first place? This is also a question of distributive justice.
|