Complicity in International Criminal Law

Description

This book tackles one of the most contentious aspects of international criminal law—the modes of liability. At the heart of the discussion is the quest for balance between the accused’s individual contribution and the collective nature of mass offending. The principle of legality demands that there exists a well-defined link between the crime and the person charged with it. This is so even in the context of international offending, which often implies ‘several degrees of separation’ between the direct perpetrator and the person who authorises the atrocity. The challenge is to construct that link without jeopardising the interests of justice. This monograph provides the first comprehensive treatment of complicity within the discipline and beyond. Extensive analysis of the pertinent statutes and jurisprudence reveals gaps in interpreting accessorial liability. Simultaneously, the study of complicity becomes a test for the general methods and purposes of international criminal law. The book exposes problems with the sources of law and demonstrates the absence of clearly defined sentencing and policy rationales, which are crucial tools in structuring judicial discretion. Volume 63 in the Studies in International Law series Contents Table of Cases 1 Introduction 2 Origins of Complicity: The Domestic Law Intake Introduction I. The Comparative Method in International Criminal Law II. Complicity in Domestic Law III. Lessons Learned from Comparative Studies Conclusion 3 The Evolution of Complicity as a Construction for Dealing with Collective Criminality Introduction I. Conspiracy versus Complicity at Nuremberg and Tokyo II. Domestic Law versus International Law during the Subsequent Trials III. Defining the Contours of Complicity: The ILC"s Contribution IV. Historical Trends 4 Complicity in the Jurisprudence of the Ad Hoc Tribunals and Hybrid Courts Introduction I. Forms of Participation in the Statutes of the Ad Hoc Tribunals and Hybrid Courts II. Problems with Building a Coherent Account of Complicity Conclusion 5 Complicity and the Hierarchy of the Participation Modes at the International Criminal Court Introduction I. Modes of Participation at the ICC II. Hierarchy of the Participation Modes Conclusion 6 Complicity in International Criminal Law and Law of State Responsibility: A Comparative Analysis Introduction I. Complicity in the Law of State Responsibility II. Comparative Analysis of Complicity in International Criminal Law and the Law of State Responsibility III. Treatment of Complicity in Two Areas of Law: Common Trends and Divergences Conclusion 7 The Correlation between Complicity and Sentencing Introduction I. The Correlation between Complicity and Sentencing II. Sentencing Objectives at the Crossroads: Domestic and International Law III. Embracing Judicial Sentencing Discretion in International Criminal Law Conclusion 8 Conclusion: The Place of Complicity in International Criminal Law Introduction I. The Limitations of International Criminal Law II. Symbolism as an Overarching Aim III. Improving the Current Practices of Attaching Liability for Complicity Appendix I National Legislation on Complicity Appendix II The Correlation between the Forms of Liability and Sentencing Bibliography Index