ABSTRACT

This chapter exposes the tensions assumed to exist in the peace and justice duality and suggests the ways in which these can be reconciled in order to produce a justice regime which accommodates the unique perpetration and victimisation of global crimes. It argues that the version of individual responsibility prevailing at the international level, as demonstrated through decades of tortuous judicial reasoning, jurisdictional contest and procedural compromise, is distinctly different than the aspiration for criminal justice through individual liability in the domestic setting. The chapter concludes by the development of a new jurisprudence depending on proof technologies which recognise the utility of association, aggregation, contribution, collectivity and criminal culture. It proposes the tort/crime hybrid for better resolving till-now contentious issues of proof facing international criminal prosecutions and judicial determinations. Through this hybrid proof technology, the problematic reasoning associated with specific direction and sufficiency would largely be avoided by engaging the tortious principles of contribution and aggregation.