Modes of Liability in International Criminal Law

Clarifies modes of liability in international criminal law with a thorough analysis of the jurisprudence of international courts and tribunals.

Jérôme de Hemptinne (General editor), Robert Roth (General editor), Elies van Sliedregt (General editor), Marjolein Cupido (Edited by), Manuel J. Ventura (Edited by), Lachezar Yanev (Edited by), Tom Gal (Assisted by), Dillon Roseen (Assisted by), Thomas Van Poecke (Assisted by)

9781108492171, Cambridge University Press

Hardback, published 11 July 2019

456 pages
26 x 18.2 x 2.9 cm, 1 kg

Presently, many of the greatest debates and controversies in international criminal law concern modes of liability for international crimes. The state of the law is unclear, to the detriment of accountability for major crimes and of the uniformity of international criminal law. The present book aims at clarifying the state of the law and provides a thorough analysis of the jurisprudence of international courts and tribunals, as well as of the debates and the questions these debates have left open. Renowned international criminal law scholars analyze, in discrete chapters, the modes of liability one by one; for each mode they identify the main trends in the jurisprudence and the main points of controversy. An introduction addresses the cross-cutting issues, and a conclusion anticipates possible evolutions that we may see in the future. The research on which this book is based was undertaken with the Geneva Academy.

Part I. Cross-Cutting Issues: Part II. Analysis of the Modes of Liability: Section 1. Individual Commission: 1. Direct commission Tom Gal
2. Indirect commission Alejandro Kiss
3. Improper omission Robert Roth
Section 2. Joint Commission: 4. Co-perpetration based on joined control over the crimes Elies van Sliedregt and Lachezar Yanev
5. Joint criminal enterprise Lachezar Yanev
Section 3. Participation: 6. Aiding and abetting Manuel J. Ventura
7. Instigation Antonio Coco
8. Ordering Manuel J. Ventura
Section 4. Participation in Group Activities: 9. Group acting with a common purpose Marjolein Cupido
Section 5. Inchoate and Preparatory Acts: 10. Attempt Jérôme de Hemptinne
11. Planning Jérôme de Hemptinne
12. Conspiracy Jérôme de Hemptinne
13. Incitement Jérôme de Hemptinne
Section 6. Other Forms of Responsibility: 14. Command responsibility Miles Jackson
Part III. Concluding Observations Jérôme de Hemptinne, Robert Roth and Elies van Sliedregt.

Subject Areas: Criminal law & procedure [LNF], International criminal law [LBBZ], International organisations & institutions [LBBU], Public international law [LBB], International relations [JPS]