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Volume I, s.4 General Principles of International Criminal Law, 20 Individual Criminal Responsibility

Albin Eser

From: The Rome Statute of the International Criminal Court

Edited By: Professor Antonio Cassese, Professor Paola Gaeta, Mr John R.W.D. Jones

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2023. All Rights Reserved.date: 03 March 2024

Individual criminal responsibility — Genocide — Mens rea — Responsibility of individuals — Responsibility of states — Customary international law — Codification
The title of Article 25 raises greater hopes than it is, in the end, able to fulfil. At first glance it gives the impression that this article contained all essential requirements for the criminal responsibility of an individual and, furthermore, it may enable the delimitation of individual from other forms of responsibility, such as that of the State. At a closer look, however, it appears that Article 25 merely regulates in detail the various forms of perpetration of and participation in an international crime (paragraph 3(a)–(e) ) and attempts thereof (paragraph...
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