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Guilty Landscapes: Collective Guilt and International Criminal Law

A critical approach to the claims of international criminal justice as part of the greater endeavour of cosmopolitanism, this contribution questions the assumptions that underlie many scholarly attempts to criticize and change how international criminal courts deal (or rather fail to deal) with the collective nature of atrocities through the application of the principle of individual guilt. The article forms a multidisciplinary approach to international criminal law and, in drawing on philosophical, sociological and criminological concepts regarding collective action and collective blameworthiness, transcends the usual approach to guilt in a purely legal sense.