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Beyond Hierarchy: Investigating the Role of Complex-Fluid Structures in the Accountability of Criminal Organizations

investigating the role of complex-fluid structures in the accountability of criminal organizations
Authors: Márquez Velásquez, M.M.; Moreno, R.;

Beyond Hierarchy: Investigating the Role of Complex-Fluid Structures in the Accountability of Criminal Organizations

Abstract

Globalization and technological development have led to quick transformations in criminal organizations, adapting to new forms/degrees of control and hierarchy. Existing legal frameworks governing responsibility for atrocity crimes have developed from the experiences of Western (center) countries and their understanding of traditional warfare structures. Thus, peripheral regions have been forced to employ doctrines with weak sociological basis. New and conventional local dynamics inside organizations and their consequential fluidity challenge the applicability of traditional modes of liability when seeking their members’ accountability. This paper inquires about the suitability of two modes of liability under ICL –perpetration through an organization and superior responsibility– in responding to non-hierarchical-fluid organizations in Mexico and Sierra Leone. Three dimensions are stressed: the role of hierarchical organizational structures for accountability, the dynamic nature of authority/control, and the impact of subordinates’ “replaceability”. In this regard, it will study the possibility of jointly applying different modes of liability and/or their reinterpretation to respond to various social contexts.

Keywords

complex-fluid organizations, perpetration through an organization, 330, Hierarchy, Criminal Law, Holocaust and Genocide Studies, International Law, control/command, 650, superior responsibility

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selected citations
These citations are derived from selected sources.
This is an alternative to the "Influence" indicator, which also reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Citations provided by BIP!
popularity
This indicator reflects the "current" impact/attention (the "hype") of an article in the research community at large, based on the underlying citation network.
BIP!Popularity provided by BIP!
influence
This indicator reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Influence provided by BIP!
impulse
This indicator reflects the initial momentum of an article directly after its publication, based on the underlying citation network.
BIP!Impulse provided by BIP!
0
Average
Average
Average
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