单选题 IV. (Criminal Law) The first challenge for criminal responsibility for collective perpetrations is whether the notion of collective action can be made sense for the purposes of International Criminal Law. As Kutz suggests the issue of inclusion and exclusion of members from a collective action is "always both normative and factual", because "the choice of appropriate descriptive level" remains a matter of legal policy. If the requirements for collective action are set too strict then many participants will be excused. On the other hand too lax requirements increase prosecutor's discretion and allow charging wider range of individuals, at the expense of implicating too many individuals and possibly rendering punishment controversial and over-inclusive on the level of the system. In any case a collective intentions test is necessary in order to be able to hold any particular individual responsible as opposed to charging everyone on the one extreme, or attributing harm to indeterminate causes on the other. Besides identifying individuals involved in cooperative harm doing collective intention will be necessary for attribution of harm to such causally responsible individuals. Furthermore as argued in the section on moral blame a consideration of decision method in a collective action, which is necessary for distribution of moral blame, is also impossible without a conception of collective intention. The problem of collective intentions is downplayed by the 'romantic' argument for collective guilt, as it jumps to draw the membership along the state lines, which ultimately leads to problems of 'guiltless sincerity' and 'excess of transmission by birth'. Part of the “romantic” appeal stems from the implication of state agency in crimes against humanity (through 'state and organizational policy') and war crimes according to the public international law. Whereas the questions of retroactive suspension of legal orders or immunity of state officials are sometimes still relevant legal obstacles for prosecuting human rights violations, this work discards such issues as irrelevant for the purposes of excuses and justifications under the Rome Statute(国际刑事法院罗马规约). Collective action in cases of crimes against humanity or war crimes could be manifested in spontaneous coordinated actions, mob violence, government actions or decentralized networks outside the color of the law. Various passive or indeterminate facts, such as military culture, religious or traditional institutions, ideology or legal system can and often are manipulated by perpetrators to blend collective action with historical, natural or even supernatural causes. This way even leaders and influential decision makers would claim that they followed necessity or that their cruelty were determined by the anarchic, anomic or else apocalyptic conditions of war.

单选题 The best topic for the first paragraph is ( )

单选题 To determine collective intentions is necessary ( )

单选题 Which of the following statement is NOT mentioned in the 3rd paragraph? ( )

单选题 Perpetrators can and often manipulate the following BUT ( )