Wednesday, June 20, 2018

THIRD PARTY LIABILITY

a) Aiding and Abetting Liability.

205. Both customary international law and domestic law specifically recognize the liability of principals who commit a tortious act. Both customary international law and domestic law also recognize the liability of those who aid and abet or otherwise participate in that wrongful act.

206. Defendants aided and abetted others in the furtherance of the commission of the crimes of forced labor, extrajudicial killing, torture, cruel, inhuman and degrading treatment.

207. The principal of secondary liability of aiders and abettors to crimes against humanity date back to the 1700's.

b) Criminal Enterprise Liability.

208. International law and domestic law impose liability for participation in a criminal enterprise where, inter alia, a party acted in furtherance of a particular system in which the crime is committed by reason of the accused's function and with knowledge of the nature of that system and intent to further that system. Liability is imposed on all persons who had: the intention to take part in a joint criminal enterprise and to further-individually and jointly-the criminal purposes of that enterprise and where it is foreseeable that crimes will be committed by other members of the enterprise.

c) Other Standards of Liability.

209. In addition to and independent of aiding and abetting liability, domestic law imposes liability on third parties for the wrongful acts of another where the is, a joint venture, an agency relationship, negligence or reckless disregard.

210. ””Reckless disregard” encompasses “objective recklessness” and “subjective recklessness” and imposes liability when one party acts with reckless disregard for the welfare of another.

211. “Objective Recklessness” imposes liability on a person who acts in the face of an unjustifiably high risk of harm that is either known or so obvious that it should be known.

212. “Subjective Recklessness” imposes liability on a person who knows a substantial risk that was subsequently disregarded.

213. Recklessness does not require proof of intent, but only that a party acted in conscious disregard of known dangers.

214. Third party liability is also imposed when a third party acts with deliberate indifference to a substantial risk of harm to another.

 

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