The essence of criminal accountability

Simply, a crime is whatever society says it is. People elect their lawmakers on the promises that are made to them, and it is this which underpins the concept of justice, upon which laws are made and prosecutions conducted. It is the evolutionary process of criminal accountability, defined and applied by rules that differ according to the normative ethics of changing societies, which has forged the process which the global maritime community identifies as the phenomenon of criminalisation. It has developed not by the intent, but by the harm caused,1 and certainly should only be applied when it is fair to do so; but what is fair? Fairness demands equal rights for all individuals, as a principle of justice which must be satisfied before other political interests are satisfied. But the controversy surrounding the criminalisation of seafarers is founded on the perception that the Master is burdened with criminal accountability beyond that accorded to any other private citizen. This book is intended to explain problems and offer solutions; but to understand how criminal liability works, we need a picture of the basic characteristics of a crime.